The right of a citizen to avail a legal remedy in the Honb'le Supreme Court cannot be denied to a prisoner merely on the grounds of being convicted for serious offenses.

JUDGMENT

Rajnish Bhatnagar, J. By way of this petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioner is seeking the following reliefs:

"a) Issue a Writ of Mandamus or any other Writ, directing the respondent to release the petitioner in parole for a period of 12 weeks on the ground of pursuing filing of SLP before the Hon'ble Supreme Court against the judgment dated 06.01.2023 (2023/DHC/000107) of this Hon'ble Court;

b) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

2. I have heard the learned counsel for the petitioner, learned Standing Counsel for the State, perused the status reports filed by the State and also, perused the records of this case.

3. Learned counsel for the petitioner submitted that the petitioner vide judgment dated 15.02.2018 was convicted for the offences under Section 396/412 IPC and vide order on sentence dated 22.03.2018, he was awarded life imprisonment. She further submitted that the appeal of the petitioner was dismissed by this Hon'ble Court vide judgment dated 06.01.2023 and in the view of the said Judgment, the petitioner had applied for grant of parole before the respondent authority in the end of January, 2023, however, the same has not been decided by the respondent authority even till the date of filing of the present petition, and the petitioner is thus constrained to file the present Writ petition. She submitted that the petitioner has to engage a competent advocate of his choice to file the SLP while also managing funds for the expenses to be incurred in the prospective proceedings before the Hon'ble Supreme Court.

4. Ld. counsel for the petitioner submitted that the petitioner has undergone more than 11 years 8 months and 16 days and has been enlarged on bail only once by this Hon'ble Court vide order dated 17.12.2021, whereby his sentence was suspended on an interim basis for a period of 4 weeks. She submitted that the petitioner has never misused the liberty granted to him vide the above-mentioned order, surrendered on time without any delay and no adverse report has been filed by the jail authorities with respect to the conduct of the petitioner inside the prison. Lastly, she submitted that since the appeal of the petitioner has been dismissed by this Hon'ble Court vide judgment dated 06.01.2023, the petitioner intends to file a Special Leave Petition before the Hon'ble Supreme Court and, therefore, the petitioner may be granted parole for a period of twelve weeks for the said purpose.

5. On the other hand, learned Standing Counsel for the State has vehemently opposed the present petition and has argued on the lines of the status reports. He further submitted that the Social report and criminal report of the petitioner have been obtained from Police Station Cantt, Lucknow, UP and as per the reports, the petitioner is a history sheeter and gang member of the gang of Saleem in PS Cantt, Lucknow, UP. He further submitted that from Tihar Jail itself, the petitioner and his associates committed the crime by threatening victim and extorted money vide FIR No. 65/2022 under Sections 386/506/120B IPC; P.S-Thakur Ganj, Lucknow, UP. Ld. Standing Counsel for the State has also expressed his apprehensions that the petitioner may jump the parole if he is released.

6. Attention of this Court has been drawn by Ld. Standing Counsel for the State to the fact that the application filed by the petitioner for release on parole before the competent authority i.e., Deputy Secretary, Home, NCT of Delhi has already been rejected on 22.06.2023. He states that that there is no illegality in the order passed by the said competent authority because as per the nominal roll, the present petitioner is involved in 8 other cases and thus, he is not entitled to parole in view of Rule 1211 of Delhi Prison Rule, 2018.

7. Rule 1211 of Delhi Prison Rule, 2018 has been reproduced hereunder for ready reference:

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