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SWARANA KANTA SHARMA
Neeraj Bhatt – Appellant
Versus
State (Govt. of NCT) of Delhi – Respondent
| Table of Content |
|---|
| 1. basis of petition and previous conviction (Para 1 , 2) |
| 2. request for parole and state's opposition (Para 3 , 4) |
| 3. rules governing parole eligibility (Para 5 , 6) |
| 4. legal remedy rights cannot be denied (Para 7 , 8) |
| 5. granting parole under special circumstances (Para 9 , 10 , 11) |
| 6. order conclusion and directions (Para 12 , 13) |
JUDGMENT
Swarana Kanta Sharma, J.
1. The present 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 by petitioner for issuance of writ in the nature of Certiorari for quashing of the order dated 03.11.2022 passed by the respondent rejecting the application of the petitioner seeking parole and also for issuance of writ in the nature of Mandamus, directing the respondent to release the petitioner on parole for a period of four (04) weeks on the ground of filing Special Leave Petition ("SLP") before the Hon'ble Supreme Court of India against the judgment dated 04.07.2022 passed by this Court in Criminal Appeal No. 391/2021 whereby the conviction and order on sentence was passed by learned Additional Sessions Judge, Saket Courts, New Delhi.
2.
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 right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
The right of a convict to file a Special Leave Petition (SLP) against the dismissal of a criminal appeal is essential and cannot be denied, especially when the only hope for the petitioner would be f....
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 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 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 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....
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