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SWARANA KANTA SHARMA
Vinod @ Vinoda – Appellant
Versus
State (Govt of N. C. T. Delhi) – Respondent
JUDGMENT :
Swarana Kanta Sharma, J.
1. The present Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for issuance of writ of certiorari for quashing the order dated 18.11.2022 passed by GNCTD rejecting the application of the petitioner seeking parole for a period of three month and also for the issuance of writ of mandamus directing the respondent to release the petitioner on parole for a period of three months.
2. In brief, the case of petitioner is that he was convicted, vide order dated 30.08.2013, for the offences punishable under Sections 364A/368/344/347/120B/34 of Indian Penal Code, 1860, in case FIR bearing no. 393/2007, registered at Police Station New Ashok Nagar, New Delhi and was awarded rigorous imprisonment for life. His appeal against conviction was dismissed by this Court vide judgment dated 25.02.2016. In relation to this case, the petitioner has undergone almost 14 years and 10 months in jail.
3. It is stated by learned counsel for petitioner that petitioner has been released on parole twice, once by the order of this Court and once by GNCTD. Further, petitioner h
The aim of parole is to provide a chance for prisoners to reintegrate into society and to assess their ability to live as law-abiding citizens, and the court must balance the interests of society and....
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....
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....
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
Parole is a right meant for rehabilitation and should consider current prisoner conduct rather than past infractions, balancing individual reform with public safety.
The subjective satisfaction of the authority concerned in evaluating parole requests and the lack of relevance of cited judgments to the petitioner's case.
A convict's right to pursue legal remedies, including filing an SLP, cannot be denied solely on the basis of past conduct or availability of legal aid.
The court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
The right of a convict to file a Special Leave Petition (SLP) against the dismissal of a criminal appeal is essential and cannot be denied, especially when the only hope for the petitioner would be f....
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