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DELHI HIGH COURT
TALWANT SINGH
Ahmed Sikander – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of petitioner’s conviction and parole request. (Para 1 , 2) |
| 2. consideration of past behavior and arguments against parole. (Para 3 , 4) |
| 3. final dismissal of petition based on past conduct. (Para 5) |
JUDGMENT
Talwant Singh, J.
1. By way of this writ petition the petitioner has prayed for quashing of order No. F.18/321/2013/HG/77 dated 14.01.2022 passed by the respondent and for issuance of writ of Mandamus directing the respondent to release the petitioner on parole for a period of three months.
1.1. The petitioner has stated that he is a life convict and presently serving his sentence awarded by the Ld. Trial Court in FIR No. 15/2008, PS Jama Masjid U/s 302/34 IPC. He was convicted vide judgment dated 26.02.2011 by the learned Trial Court and was sentenced to undergo RI for life imprisonment.
1.2. In an appeal preferred by the present petitioner before this Court, being appeal No. 337/2011, vide order dated 07.10.2013 conviction of the present petitioner was converted from Section 302 IPC to 304-I IPC and he was directed to undergo RI for 8 years and pay a fine of Rs. 5000/- and in default SI for 6 months.
1.3. After serving the said sentence he was r
The court established that past parole violations and serious criminal history justify the denial of future parole requests, emphasizing public safety and adherence to prison rules.
A parole application can be denied based on the convict's unsatisfactory jail conduct and violations of previous parole terms, despite arguments of equal treatment under the Constitution.
Rejection of parole based solely on pending FIR and victim's objection held arbitrary; mere FIR registration not ground to deny; grant parole with conditions to uphold reformation and family ties eve....
Court upheld the denial of parole based on unsatisfactory jail conduct and rules governing parole eligibility, reaffirming that a history of parole violations and familial capability can outweigh rea....
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
The legal principle established is that parole should not be denied based on mere assumptions and there should be sufficient material to support the rejection.
Parole applications may be denied based on unsatisfactory conduct and violations of prior parole terms, emphasizing the necessity of good behavior for consideration.
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....
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