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.

JUDGMENT

Talwant Singh, J. The writ petition has been filed for issuance of writ in the nature of Certiorari quashing the order no. file CD No.F.18/162/2012/HG/1797 dated 01.12.2021 passed by the respondent and for issuance of writ in the nature of Mandamus directing the respondent to release the petitioner on parole for a period of three months.

1.1. It has been submitted that the petitioner is confined in jail and has already undergone incarceration of 14 years in actual. He approached the competent authority for grant of parole for three months on the ground of maintaining social and family ties and to arrange finance for subsistence for his family. His request was rejected by competent authority on 01.12.2021.

1.2. The petitioner is aggrieved by the impugned order. He has moved the present writ petition on the ground that the rejection order is against the basic tenents of law and equal treatment is prescribed under Article 14 of the Constitution of India; rejection has been done on the basis of stereotype grounds; the petitioner is facing trial in the alleged crime committed by him during his parole and the same is yet to be proved against him; he has already been granted bail in case FIR No. 177/2020, under Section 336/506/34 IPC, registered at PS Begumpur in which he was alleged to have been involved during parole; this court has already granted parole to another convict under the same facts and circumstances and the petitioner has been undergoing sentence honestly and diligently.

2. The status report has been filed. The house of the appellant was visited for verification. The petitioner is stated to be married and his wife lives with his son aged 7-8 years and his young daughter at Jahangir Puri, Delhi. This house belongs to the brother of the petitioner, who also lives in the same house. The wife of the petitioner does not have any job or personal earnings and the expenses of the family of the petitioner are being borne by his brother. The petitioner does not have any movable and immovable assets. In June, 2020, appellant was out of jail on parole when he got involved in another crime and he was arrested on 12.06.2020 in case FIR No. 177/2020 u/s 336/506/34 IPC and section 25/27 Arms Act PS Begampur, Delhi. So, the grant of parole to the present petitioner has been firmly opposed.

3. The nominal roll of the present petitioner shows that he was convicted under Section 302/307/34 IPC on 24.05.2011 and was sentenced to undergo RI for Life and fine of Rs.10,000/- under Section 302/34 and under Section 307 IPC, he was awarded three years RI and the fine of Rs.5,000/- and both the sentences were ordered to be run concurrently.

4. The appeal filed by the present petitioner was dismissed by the High Court on 20.04.2012. He has already undergone 14 years of sentence apart from a remission of about 1 year and 10 months. His overall conduct is stated to be unsatisfactory. There are seven instances mentioned about his unsatisfactory jail conduct including the one when he committed another crime while on parole in the year 2020. He has even jumped parole on 26.11.2012 and he was re-arrested 20.04.2014. Under these circumstances his parole was rejected on 01.12.2021 by GNCT of Delhi.

5. I have heard learned counsel for the petitioner as well as learned APP for the State. The parole rejection order is on record and the same is reproduced hereunder:

"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI HOME (GENERAL) DEPARTMENT

5th LEVEL. "A" WING. DELHI ACHIVALAYA. I.P. ESTATE. DELHI

1/C Dak Section

Central

Asstt. Supd'

Central Jail

Tihar ihar. New Delhi

Sub: Releas