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SWARANA KANTA SHARMA
Desh Raj @ Desu – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
1. The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside of impugned order dated 31.05.2023 bearing No. F/18/16/2023/HG/1525 passed by the respondent; and for issuance of writ in the nature of mandamus seeking release of petitioner on parole for a period of two months.
2. The petitioner is presently confined in Mandoli Jail No. 11, Delhi. By virtue of judgment dated 22.09.2022, the petitioner was convicted under Section 302/120B/34 of Indian Penal Code, 1860(`IPC') in case arising out of FIR bearing no. 356/2007, registered at Police Station, Hauz Qazi, Delhi and was sentenced to undergo rigorous imprisonment for life by the learned Additional Sessions Judge, Tiz Hazari Courts, Delhi. His appeal against conviction i.e., CRL.A. 489/2020 was dismissed by this Court vide judgment dated 03.03.2023.
3. Learned ASC for the State opposes the present writ petition and submits that the order of rejection dated 31.05.2023was passed by the concerned authorities keeping in mind the past conduct of the peti
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 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 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 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 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 court balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.
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 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....
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