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RAJNISH BHATNAGAR
Chandrakant Jha – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. By way of this petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner is seeking parole for a period of 90 days in FIR No. 243/2007 U/s 302/201 IPC, FIR No. 279/2007 U/s 302/201 IPC and FIR No. 609/2006, U/s 302/201 IPC registered at Police Station Hari Nagar.
2. It is submitted by the learned counsel for the petitioner that the petitioner has been denied parole vide impugned order dated 23.12.2022 only considering that the petitioner has been convicted in multiple murders. She submitted that the said order has been passed completely ignoring the fact that more than two years have elapsed since the last punishment was given to the petitioner and his jail conduct has been satisfactory for the last two years. She further submitted that even prior to January 2020 no punishment was ever given to the petitioner in almost 13 years of his judicial custody. She further submitted that the petitioner has undergone more than 15 years and 6 months in custody and has been previously released five times on parole and seven times on furlough.
3. She further submitted that the present pet
The court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
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 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 legal principle established is that parole should not be denied based on mere assumptions and there should be sufficient material to support the rejection.
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....
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