In a recent judgment by the Delhi High Court, a decision was made regarding a parole petition case. The court ruled on the eligibility and conditions for parole in this specific case. Stay informed about the details of this important legal development.
Facts
- The petitioner is currently in Central Jail No 02, Tihar, New Delhi.
- The petitioner has filed a writ petition under Article 226 of the Constitution of India and section 482 of the Cr.P.C. seeking parole for eight weeks to file a special leave to appeal before the Supreme Court of India.
- The competent authority has rejected the petitioner’s parole request.
- Judgment dated 13.02.2019 passed by the Court
- Establish social ties with his families
- Undergone almost 10 years of sentence
- Remission of 01 year 02 months and 06 days
Analysis
- The convict is not entitled to parole as per Rule 1210 sub rule (II) of Delhi Prison Rules, 2018.
- The conduct of the convict must have been uniformly good for the last two years from the date of application for major punishment and one year for minor or no punishment.
- The convict’s sole recourse for challenging the conviction now rests with the Supreme Court through an SLP.
- The convict fulfills the criteria under Rule 1210 of the Delhi Prison Rules, as his conduct has been satisfactory in the last year.
- Rule 1208 allows for parole applications on grounds like serious illness of a family member or serious damage to life or property.
- In this case, parole has been rejected due to unsatisfactory jail conduct and the availability of legal aid for pursuing the legal remedy.
- The convict can seek legal aid for drafting the SLP and filing it in the Supreme Court.
- Parole shall not be granted to a convict convicted for multiple murders, unless special circumstances exist for grant of parole.
- Special circumstances may include marriage of a family member or delivery of a child by the convict’s legally wedded wife.
- The convict in this case is held guilty for committing multiple murders.
- Parole shall not be granted in cases of sedition, terrorist activities, NDPS Act, prisoners whose immediate presence in society may be considered dangerous or prejudicial to public peace.
- Parole shall not be granted in cases where there are reasonable grounds such as pending investigation in a case involving serious crime, prisoners considered dangerous or involved in serious prison violence.
- Parole shall not be granted for those rearrested who absconded while released on parole or furlough or found instigating serious violations of prison discipline.
- Certain categories of prisoners are ineligible for parole, such as convicted foreigners with valid permission to stay in India, prisoners suffering from mental illness not certified to have recovered, those convicted of specific crimes like murder after rape or under certain Acts like POCSO or Prevention of Corruption Act.
- Exceptions may be made for granting parole in special circumstances at the discretion of the competent authority.
Decision
- The petitioner is granted parole for a period of 4 weeks from the date of his release.
- The petitioner must furnish a personal bond of Rs.15,000 with one surety of the same amount to the satisfaction of the Jail Superintendent.
- The petitioner must provide a telephone/mobile number to the Jail Superintendent and SHO for contact purposes.
- The petitioner must report to the SHO of the local area every Sunday between 10:00 AM to 11:00 AM and should not leave Delhi during the parole period.
- A copy of the SLP filed before the Hon’ble Supreme Court must be given to the Jail Superintendent upon surrendering.
- The parole period will start from the day of release and the petitioner must surrender immediately after its expiration.
- The accused has been in judicial custody for about 11 years with remission and has shown satisfactory conduct for the last two years.
Case Title: BHARAT BHARDWAJ @ NIKKU Vs. STATE (2024:DHC:4479)
Case Number: W.P.(CRL)-1736/2023
