Mohd. Vakil v. State

1. The present petition under Article 226 of the Constitution of India prays for a writ in the nature of mandamus directing the official respondent to release the petitioner on parole on the ground “to look after his old aged ailing mother and to provide her proper medical treatment; to re-connect social ties with his family members & society”. 2016:DHC:4680-DB

2. The petitioner is aggrieved by the order dated 16.02.2016 whereby his representation for parole on the above ground was rejected by the competent authority for the following reasons:- “(i) As per Para 12.[5] of Parole/Furlough Guidelines: 2010 which provides that “parole would ordinarily be not granted except, if in the discretion of the competent authority special circumstances exist for grant of parole”

(c) if prisoner is convicted for multiple murders. The convict has committed murder of two persons.

(ii) In the absence of requisite police verification report regarding verification of address and grounds taken by convict from concerned police authorities i.e. from DCP, South East District, Sarita Vihar, Delhi SHO/PS Sangam Vihar, Delhi & SHO PS Ambedkar Nagar, Delhi, which could not be obtained despite several requests.”

3. Insofar as the reasons ascribed by the Competent Authority in the order impugned in the present petition, the same cannot be sustained for the following reasons:-

4. It is observed that petitioner was granted parole by this Court with effect from 21.04.2015 to 22.05.2015 and he is not stated to have misused the liberty granted to him on that occasion.

5. In the present case, a perusal of the nominal roll qua the petitioner reveals that he has already undergone more than six years and five months incarceration out of the total sentence of life imprisonment awarded to him. The nominal roll further reveals that the jail conduct of the petitioner has been satisfactory from the very inception of his incarceration.

6. It is trite to state that it is the constitutional right of every convict to be released on parole periodically so as to enable him to re-establish and renew ties with family and society and for his mental and physical well-being.

7. In view of the foregoing, I see no impediment in granting parole to the petitioner. The petitioner is directed to be released on parole for a period of four weeks from the date of his release subject to his furnishing a personal bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) with one local surety of the like amount to the satisfaction of the Jail Superintendent, Tihar, Delhi subject to the following conditions:-

(i) The petitioner shall report to SHO PS Sangam Vihar once a week every Tuesday during the period of parole.

(ii) The petitioner shall not leave the National Capital

(iii) The petitioner shall also provide the SHO, Police

(iv) The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole.

8. The writ petition is allowed and disposed of accordingly.