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RAJNISH BHATNAGAR
Raja Ram @ Chota Raja – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
1. 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 relief:
"a. Issue a writ in the nature of Certiorari quashing the Order no.F.18/229/2014/HG/1788 dated 16.06.2023 passed by the Respondent; and
b. Issue a writ in the nature of
mandamus directing the respondent to release the petitioner on parole for a period of 4 weeks; or"
2. It is submitted by the learned counsel for the petitioner that petitioner was denied parole vide impugned order dated 16.06.2023 only on the ground that the petitioner did not surrender when he was released on emergency parole on 23.05.2020 for a period of 8 weeks, which was further extended time to time due to COVID-19 and that as per nominal roll, the jail conduct of the accused was unsatisfactory. It is further submitted that despite the petitioner continuously enquiring about the date of surrender from the jail authority, he was informed that he need not surrender as his emergency parole was being extended and no such intimation was given to the petitioner with regard to his date of surrender. It is further submitted that petitione
The entitlement to parole should be considered in light of the unique facts and circumstances of the case, the principles of parole, and the right to personal freedom.
The main legal point established is the significance of personal liberty, reformation theory of sentencing, and the need to balance public interest with the individual's potential for reformation 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 subjective satisfaction of the authority concerned in evaluating parole requests and the lack of relevance of cited judgments to the petitioner's case.
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 court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
Failure to surrender after emergency parole indicates an intention to jump the parole, justifying the legality of the punishment notice. Future parole and furlough applications should be considered o....
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