NEUTRAL CITATION NO. 2023:DHC:2959

W.P. (CRL) 347/2023 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 18.04.2023

Pronounced on: 01.05.2023

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W.P.(CRL) 347/2023

ABHINAV ANAND @ BABBAL

..... Petitioner

Through:

Mr.

Paranjan

Chopra,

Advocate

versus

STATE NCT OF DELHI

..... Respondent

Through:

Ms. Rupali Bandhopadhya,

ASC for the State with SI

Suresh

Kumar,

P.S.

New

Usmanpur and Mr. Akshay

Kumar

and

Mr.

Abhijeet

Kumar, Advocates

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

By way of present petition filed under Article 226 of

Constitution of India read with Section 482 of the Code of Criminal

Procedure, 1973, the petitioner seeks issuance of writ of mandamus

or any other appropriate writ directing the respondent/State to release

the petitioner on parole for a period of 01 month for maintaining

social and family ties and for medical treatment of his mother.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:03.05.2023

15:03:34

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2959

W.P. (CRL) 347/2023 Page 2 of 5

2.

In brief, the case of petitioner is that he was convicted, vide

judgment dated 01.02.2017, for the offences punishable under

Sections 367/377/302/34 of Indian Penal Code, 1860, in case FIR

bearing no. 281/2012, registered at Police Station New Usman Pur,

New Delhi and was sentenced vide order dated 21.02.2017 to

undergo rigorous imprisonment for a period of: (i) ten years for

offence punishable under Section 367/34 (ii) ten years for offence

punishable under Section 377/34, and (iii) imprisonment of life for

offence punishable under Section 302/34. His appeal against

conviction Crl. Appeal No. 483/2017 was disposed of by this Court

vide judgment dated 21.05.2018 whereby his conviction under

Sections 302/367/34 IPC was upheld, however, he along with co-

accused, was acquitted for the offence under Section 377/34 IPC.

The SLP filed by the petitioner also stands dismissed.

3.

Learned counsel for petitioner submits that in relation to this

case, the petitioner has been in judicial custody since 03.10.2012,

and has already completed sentence of ten years under Section

367/34 IPC till 12.01.2022 and is currently serving sentence under

Section 302/34 IPC. Learned counsel for the petitioner further states

that petitioner be granted parole for maintaining social and family

ties and for medical treatment of his mother who is suffering from

various ailments and there is nobody to look after her.

4.

Learned ASC for the State, on the other hand, argues that the

concerned authority has rightly dismissed the parole application filed

by the petitioner. It is stated that when the petitioner was granted

parole on two previous occasions in 2018 and 2019, on one occasion

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:03.05.2023

15:03:34

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2959

W.P. (CRL) 347/2023 Page 3 of 5

he had surrendered 09 days late and on the other, he had jumped the

parole and was thereafter arrested one month later. It is also

submitted that overall jail conduct as well as last one year jail

conduct is reported to be unsatisfactory.

5.

The arguments of both sides have been heard by this Court and

material on record has been perused.

6.

Attention of this Court has been drawn to the fact that the

present petitioner was awarded imprisonment for life and has been in

judicial custody for about 10 years. The aim and object of parole is to

provide a chance to the prisoners to reintegrate into society and to

assess their ability to live as a la