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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 315/2022

SONU

..... Petitioner

Through:

Mr. Paranjay Chopra, Advocate

versus

STATE NCT OF DELHI

..... Respondent

Through:

Ms. Kamna Vohra, ASC with SI

Prateek Sanwal, PS S.P. Badli.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

TALWANT SINGH, J.:

1. The writ petition has been filed for issuance of writ in the nature of

Certiorari quashing the order no. file CD No.F.18/162/2012/HG/1797 dated

01.12.2021 passed by the respondent and for issuance of writ in the nature of

Mandamus directing the respondent to release the petitioner on parole for a

period of three months.

1.1

It has been submitted that the petitioner is confined in jail and has

already undergone incarceration of 14 years in actual. He approached the

competent authority for grant of parole for three months on the ground of

maintaining social and family ties and to arrange finance for subsistence for

his family. His request was rejected by competent authority on 01.12.2021.

1.2

The petitioner is aggrieved by the impugned order. He has moved the

present writ petition on the ground that the rejection order is against the

basic tenents of law and equal treatment is prescribed under Article 14 of the

Constitution of India; rejection has been done on the basis of stereotype

grounds; the petitioner is facing trial in the alleged crime committed by him

during his parole and the same is yet to be proved against him; he has

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001924

already been granted bail in case FIR No. 177/2020, under Section

336/506/34 IPC, registered at PS Begumpur in which he was alleged to have

been involved during parole; this court has already granted parole to another

convict under the same facts and circumstances and the petitioner has been

undergoing sentence honestly and diligently.

2. The status report has been filed. The house of the appellant was

visited for verification. The petitioner is stated to be married and his wife

lives with his son aged 7-8 years and his young daughter at Jahangir Puri,

Delhi. This house belongs to the brother of the petitioner, who also lives in

the same house. The wife of the petitioner does not have any job or personal

earnings and the expenses of the family of the petitioner are being borne by

his brother. The petitioner does not have any movable and immovable

assets. In June, 2020, appellant was out of jail on parole when he got

involved in another crime and he was arrested on 12.06.2020 in case FIR

No. 177/2020 u/s 336/506/34 IPC and section 25/27 Arms Act PS

Begampur, Delhi. So, the grant of parole to the present petitioner has been

firmly opposed.

3. The nominal roll of the present petitioner shows that he was convicted

under Section 302/307/34 IPC on 24.05.2011 and was sentenced to undergo

RI for Life and fine of Rs.10,000/- under Section 302/34 and under Section

307 IPC, he was awarded three years RI and the fine of Rs. 5,000/- and both

the sentences were ordered to be run concurrently.

4. The appeal filed by the present petitioner was dismissed by the High

Court on 20.04.2012. He has already undergone 14 years of sentence apart

from a remission of about 1 year and 10 months. His overall conduct is

stated to be unsatisfactory. There are seven instances mentioned about his

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001924

unsatisfactory jail conduct including the one when he committed another

crime while on parole in the year 2020. He has even jumped parole on

26.11.2012 and he was re-arrested 20.04.2014. Under these circumstances

his parole was rejected on 01.12.2021 by GNCT of Delhi.

5. I have heard learned counsel for the petitioner as well as learned APP

for the State. The parole rejection order is on record and the same is

reproduced hereunder:-

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

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