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RAJNISH BHATNAGAR
Sohrab – Appellant
Versus
State GNCT 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 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 gran
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.
The denial of parole solely based on pending cases or the availability of free legal aid violates the constitutional rights of the accused. Filing a Special Leave Petition (SLP) before the Supreme Co....
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
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 gravity of the offence should not be the sole ground to deny parole, and individuals have the right to pursue legal recourse regardless of the severity of the offence or foreign nationality.
The denial of parole based on the availability of free legal aid violated the petitioner's constitutional right to engage a counsel of his choice, and the competent authority has discretion to grant ....
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 court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
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