JUDGMENT

Yogesh Khanna, J. - This petition is filed under Article 226 of the Constitution of India to assail an order dated 31.01.2020 rejecting the petitioner''s representation for grant of parole and to seek a direction in the nature of mandamus to the competent authority to release him on parole.

2. The core issue agitated in this petition is whether this Court can grant a direction in nature of mandamus to the State to release the petitioner on parole in case the appeal of petitioner is pending before the Supreme Court.

3. The learned counsel for the petitioner has referred to Rule 1209 of the Delhi Prison Rules, 2018 which interalia notes:-

"1209. Under-trial prisoners are not eligible for regular parole and furlough, however, may be released on custody Parole, that too by the order of the concerned trial court. It is clarified that where an appeal of a convict against conviction is pending before the High Court, regular parole will not be granted since the convict can seek appropriate orders from the High Court."

4. The learned counsel for the petitioner says since the Rule does not specify if the State can grant parole to the petitioner when his appeal is pending before the S