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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Prem Singh – Appellant
Versus
State (GNCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petitioner's request for parole due to long incarceration. (Para 1 , 2) |
| 2. examination of parole eligibility under rule 1212. (Para 3 , 4 , 5) |
| 3. consideration of public interest in granting parole. (Para 6 , 7) |
| 4. rationale behind parole as a rehabilitative tool. (Para 8 , 9) |
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral)--Writ Petition has been preferred on behalf of the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of writ of mandamus or any other suitable writ or orders thereby directing the respondent/competent authority to release the petitioner with immediate effect on parole for a period of four weeks as per order dated 10.03.2022 for re-establishing social ties with family and the society.
2. In brief, as per the case of the petitioner, he is in custody since 10.09.2009 and has undergone about 12 years in imprisonment out of the total sentence for 20 years without remission, in FIR No.206/2009, under Section 302/34 IPC, PS Adarsh Nagar. Further the petitioner is claimed to have an excellent record in jail, but despite order dated 10.03.2022, granting parole to the petitioner by Home (General) Department, D
Court emphasized balancing public safety and convict rehabilitation in granting parole; relaxation of rules permitted based on individual case merits.
Parole is a right meant for rehabilitation and should consider current prisoner conduct rather than past infractions, balancing individual reform with public safety.
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....
The eligibility for parole is contingent upon the prisoner's conduct and adherence to prison rules, as outlined in the Delhi Prison Rules, 2018.
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 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 court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
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