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ANOOP KUMAR MENDIRATTA
Shadab – Appellant
Versus
State – Respondent
ORDER
Anoop Kumar Mendiratta, J. (Oral). - The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of petitioner for issuance of writ in the nature of certiorari for quashing the Order No. F.18/96/2018/HG/1373 dated 07.10.2021 passed by the respondent and for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of three months.
2. In brief, petitioner is life convict, presently serving sentence in case FIR No. 67/2011, under Sections 302/377 of the Indian Penal Code, registered at P.S. : Aman Vihar, Delhi. The judgment and order on sentence dated 07.04.2014 and 08.05.2014 respectively are stated to have been upheld in Crl. A. No. 1609/2014 vide judgment dated 16.12.2015.
3. The petitioner is stated to have undergone incarceration for about 10 years and 10 months in actual without remission and has also earned remission of about 01 year 07 months and 11 days as on 05.05.2020.
4. Learned counsel for the petitioner submits that the petitioner had applied for grant of parole before the respondent vide application No.F.14/SCJ14/AS (CT)/PAROLE/202 1/3372 dated 26
The main legal point established is the eligibility criteria for parole under Rule 1210 sub rule (II) Delhi Prison Rules 2018, emphasizing the importance of maintaining family and social ties for con....
Parole is a right meant for rehabilitation and should consider current prisoner conduct rather than past infractions, balancing individual reform with public safety.
The eligibility for parole is contingent upon the prisoner's conduct and adherence to prison rules, as outlined in the Delhi Prison Rules, 2018.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
The main legal point established in the judgment is the eligibility for parole under the Delhi Prison Rules-2018, specifically focusing on the petitioner's failure to fulfill the conditions of furlou....
Point of Law : Supreme Court held that merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society ar....
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
Parole cannot be denied solely based on objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
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