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SWARANA KANTA SHARMA
Rahul Dev – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. By way of instant petition filed under Article 226 of Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks issuance of writ in the nature of certiorari for quashing of order no. F18/171/2017HG/3311-12 dated 16.11.2023 passed by respondent, and/or issuance of writ in the nature of mandamus directing respondent to release the petitioner on parole for a period of four weeks.
2. The petitioner is presently confined in Central Jail No. 14, Mandoli, New Delhi. By virtue of judgment dated 29.08.2014, the petitioner was convicted under Section 302/201 of Indian Penal Code, 1860 (`IPC') in case arising out of FIR bearing no. 303/2009, registered at Police Station Maurya Enclave, New Delhi and vide order on sentence dated 30.08.2014, he was sentenced to undergo rigorous imprisonment for life alongwith payment of fine of Rs. 7,000/-. His appeal against conviction i.e. CRL.A.229/2015 was dismissed by this Court vide judgment dated 31.05.2017. The Special Leave Petition filed by the petitioner before the Hon'ble Apex Court was also dismissed vide order dated 03.12.2018.
3. The petitioner now seeks
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 balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
The central legal point established is the application of the Delhi Prison Rules, 2018, in determining the eligibility and conditions for granting furlough to a prisoner.
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 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....
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 emphasized that good conduct in prison is a valid basis for granting furlough, overriding past re-arrests during parole.
The grant of furlough as a reward for good conduct and the court's discretion in modifying furlough conditions based on the petitioner's conduct and fulfillment of eligibility criteria.
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