An accused's right to pursue a legal remedy cannot be denied based on prison conduct, especially when seeking to file a Special Leave Petition.

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 Criminal Appeal No. 1288/2019 whereby the conviction and order on sentence was passed by learned Additional Sessions Judge, West, Special Court (POCSO), Tis Hazari Courts, Delhi.

4. In the present case, the petitioner was arrested in case FIR bearing No. 57/2012, registered at Police Station Kirti Nagar, Delhi for the offences punishable under Sections 363/323/376/34 of Indian Penal Code, 1860 ("IPC") and vide judgment dated 18.07.2022, he was convicted under the aforesaid Sections by learned ASJ-01, West, Special Court (POCSO), Tis Hazari Courts, Delhi and vide order on sentence dated 03.07.2019, the petitioner was sentenced (i) to undergo rigorous imprisonment for seven years alongwith fine of Rs.10,000/- and in default, simple imprisonment for 01 year under Section 363 of IPC, (ii) to undergo rigorous imprisonment for six months under Section 323 of IPC, (iii) sentenced to undergo rigorous imprisonment for life alongwith fine of Rs.1,00,000/- and in default, simple imprisonment for 01 year under Section 376 of IPC, and (iv) to pay compensation of Rs.2,00,000/- to the prosecutrix, and in default, simple imprisonment for two years.

5. Learned Counsel for the petitioner states that petitioner is in Judicial Custody since 29.02.2012 and is presently confined in Central Jail No. 10, Rohini, New Delhi and has already undergone incarceration of about 10 years out of R.I. for life and fine. It is stated by learned counsel for the petitioner that petitioner desires to file an SLP for which he has sought parole. It is further stated that an application dated 28.09.2022 was filed before the Home Department, Government of NCT of Delhi and the same was dismissed by respondent vide letter dated 18.11.2022, observing that there were no special circumstances that existed for grant of parole and the convict could file SLP from the jail itself where free legal aid is available to all prisoners.

6. On the other hand, learned APP for the State submits that considering his conduct in the jail as per Rules, parole cannot be granted to the petitioner.

7. Having considered the overall facts and circumstances, this Court noted that the present applicant has been awarded multiple punishments on 13.10.2016, 02.07.2019 and 13.06.2021. Before deciding the present petition, it will be useful to reproduce the relevant extract of the impugned order dated 18.11.2022:

"With reference to your office letter No.F.10/SCJ-10/AS(CT)/2022/1610 dated 28.09.2022, on the subject cited above, I am to inform you that the request in respect of the above said convict for grant of parole has been considered and rejected by the Hon'ble Lt. Governor of Delhi in view of the followings:

1. The convict is not entitled for parole in view of Rule 1210 sub rule (II) of Delhi Prison Rules-2018, wh