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SWARANA KANTA SHARMA
Abhinav Anand – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
Swarana Kanta Sharma, J.
By way of present petition filed under Article 226 of Constitution of India read with Section 482 of the Criminal Procedure Code, 1973, the petitioner seeks issuance of writ of mandamus or any other appropriate writ directing the respondent/State to release the petitioner on parole for a period of 01 month for maintaining social and family ties and for medical treatment of his mother.
2. In brief, the case of petitioner is that he was convicted, vide judgment dated 01.02.2017, for the offences punishable under Sections 367/377/302/34 of Penal Code, 1860, in case FIR bearing no. 281/2012, registered at Police Station New Usman Pur, New Delhi and was sentenced vide order dated 21.02.2017 to undergo rigorous imprisonment for a period of : (i) ten years for offence punishable under Section 367/34 (ii) ten years for offence punishable under Section 377/34, and (iii) imprisonment of life for offence punishable under Section 302/34. His appeal against conviction Crl. Appeal No. 483/2017 was disposed of by this Court vide judgment dated 21.05.2018 whereby his conviction under Sections 302/367/34 IPC was upheld, however, he along with co-accused, was acquitt
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....
An accused's right to pursue a legal remedy cannot be denied based on prison conduct, especially when seeking to file a Special Leave Petition.
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
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 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....
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.
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