IRFAN BADSHAH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS') has been filed on behalf of the petitioner, seeking issuance of a writ in the nature of certiorari for quashing of the rejection order no. F.18/261/2015/HG/2993 dtd. 2/12/2024 and for the issuance of a writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of two months.

(2.) The petitioner is presently confined in Central Jail No. 02, Tihar, New Delhi. By virtue of judgment dtd. 21/4/2014, the petitioner was convicted under Sec. 302/232/34 of Indian Penal Code, 1860 (hereafter 'IPC') in case arising out of FIR bearing no. 161/2008, registered at Police Station Amar Colony, Delhi and was sentenced to undergo rigorous imprisonment for life by the learned Trial Court. His appeal against the conviction i.e., CRL.A. 1365/2014 was dismissed by this Court vide judgment dtd. 24/3/2015.

(3.) The learned counsel appearing for the petitioner states that the impugned order of rejection, passed on 2/12/2024, was without appreciation of certain principles of law and the concerned authority failed to appreciate that the petitioner herein has been released on parole and furlough on multiple occasions i.e. about 13 times and had never misused the liberty so granted. It is also stated that the FIR registered against him under Ss. 25/54/59 of Arms Act, during the period when he was released on emergency parole, has resulted into filing of a chargesheet and only the I.O. remains to be examined in the said case. It is also stated that the petitioner herein has been working as a Ward Safai Sahayak and taking into account the remission earned by him, he has served more than 17 years in the prison. It is, therefore, prayed that the petitioner be released on parole for a period of two months.