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SWARANA KANTA SHARMA
Parsu Ram – Appellant
Versus
State (GNCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petition for parole based on social ties and legal remedy. (Para 3 , 4) |
| 2. petitioner's incarceration duration and parole request context. (Para 5 , 6) |
| 3. rejection of previous parole application due to conduct. (Para 7) |
| 4. consideration of conduct and right to legal representation. (Para 8 , 9) |
| 5. grant of parole with conditions for legal representation. (Para 10 , 11) |
| 6. order and directives for record and communication. (Para 12 , 13 , 14) |
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL. M.A. 302/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 29/2023
3. 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 of mandamus or any other appropriate writ for directing the respondent to release the petitioner on parole for a period of eight (08) weeks on the ground of re-establish social ties with family members and society and for filing Special Leave Petition ("SLP") before the Hon'ble Supreme Court of India against the judgment dated 18.07.2022 passed by this Court in C
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 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 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 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 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 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 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 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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