Back
DELHI HIGH COURT
TALWANT SINGH
Anju @ Sonia alias Baby – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to denial of parole (Para 1) |
| 2. reasons for parole application (Para 2 , 3) |
| 3. consideration of circumstances (Para 4) |
| 4. granting parole based on family circumstances (Para 5) |
| 5. order for release and compliance (Para 6 , 7) |
JUDGMENT
Talwant Singh, J. This is a writ petition under article 226 of the Constitution of India r/w section 482 Cr.P.C. challenging the order dated 24.02.2022 passed by the competent authority, by which the application seeking parole, moved by the present petitioner, was not allowed. The relevant portion of the impugned order is reproduced hereunder:
"The convict is not entitled for parole in view of Rule 1210 sub rule (IV) of Delhi Prison Rules-2018, which states that:
1210 sub rule (IV):"The convict should not have violated any terms and conditions of the parole or furlough granted previously". In this case, the abovesaid convict has jumped her emergency parole and sent to JC on 27.08.2021 vide DD No. 276 A dated 27.08.2018, PS GTB Enclave.
The convict may be informed accordingly."
2. Notice was issued. I have heard the arguments. Learned counsel for the petitioner submits that the only reason for denial of the parole is that
The court determined that extraordinary family circumstances justify granting parole despite prior violations, emphasizing compassionate considerations in evaluating the petitioner's situation.
Parole applications may be denied based on unsatisfactory conduct and violations of prior parole terms, emphasizing the necessity of good behavior for consideration.
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.
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 procreation and parenthood is protected under Article 21 of the Constitution, and prior misconduct should not negate a convict's current compliance and genuine needs for parole.
Emergency parole may be granted based on family welfare and previous compliance with parole conditions.
The subjective satisfaction of the authority concerned in evaluating parole requests and the lack of relevance of cited judgments to the petitioner's case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
