In a significant ruling by the Delhi High Court, a judgment has been passed allowing the petitioner to avail parole to attend to pressing family obligations. The petitioner had requested parole citing the need to care for his minor children and other family members. Discover the details of this case and the Court’s decision regarding family responsibilities.
Arguments
- The Respondent is directed to release the Petitioner on parole for a period of four weeks starting from 26.04.2024.
Analysis
- The petitioner has sought parole due to familial responsibilities, including taking care of his minor children.
- His wife and sister-in-law are occupied with caring for his mother-in-law who is hospitalized and requires surgery for kidney removal.
- The petitioner’s brother is responsible for looking after his infant daughter.
- The Competent Authority (Prisons) has approved a three-week furlough for the petitioner to address his family obligations.
- The parole is granted under certain conditions, including not surrendering until the next date of hearing.
- The petitioner’s application for parole is deemed valid given the circumstances of family members needing care and the responsibility falling on him.
- The petitioner’s request for parole is denied due to the availability of other family members to take care of the mother-in-law.
- The petitioner’s immediate application for parole after the furlough is in violation of Rule 1212 of the Delhi Prison Rules, 2018.
- Rule 1212 specifies a one-month gap between parole and the last furlough, which was not followed in this case where the petitioner was on furlough till 26.04.2024 after being granted it on 01.03.2024.
Decision
- The present writ petition and any pending applications are dismissed
- A copy of this judgment will be sent to the concerned jail superintendent for information
- The judgment will be uploaded on the website immediately
Case Title: JEET DAHIYA Vs. STATE OF NCT OF DELHI (2024:DHC:3839)
Case Number: W.P.(CRL)-1293/2024
