Delhi High Court - Orders
Samuel Onyema Anyanwu vs State Gnct Of Delhi on 4 March, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 192/2021
SAMUEL ONYEMA ANYANWU ..... Petitioner
Through: Mr.Gautam Khazanchi and
Ms.Sukanya Joshi, Advocates.
versus
STATE GNCT OF DELHI ..... Respondent
Through: Mr.Rahul Mehra, Standing Counsel
(Crl) with Mr.Chaitanya Gosain,
Advocate for the State.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.03.2021
1. The hearing has been conducted through Video Conferencing.
2. This petition is for grant of parole to the petitioner who as per the nominal roll dated 20.01.2021, out of 10 years RI has spent about 9 years and more than 7 months. The parole application of the petitioner has been rejected per Rule 1211 of Delhi Prison Rules, saying there is no special circumstances for grant of parole. Rule 1211 is as under :
5. That as per Rule-1211 of Delhi Prison Rules, 2018, in certain cases the parole shall not be granted except, if in the discretion of competent authority special circumstances exist for grant of parole. The concerned provision is reproduced as under:
1211- (I). "Prisoners convicted under section, terrorist activities and NDPS Act"
1211- (IV). "Convicted foreigners subject to prior approval of Ministry of Home Affairs & Ministry of External Affairs and having valid permission to stay in India"
3. At this stage, it is submitted by learned counsel for the petitioner considering only 4 to 5 months of sentence are left to serve, it itself is a special circumstance to be examined by the competent authority and the fact Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:05.03.2021 17:29 he has never been released on parole earlier now his request be considered.
4. Hence it would be appropriate if the application is again moved before the competent authority and the competent authority may dispose of the application considering the fact he has suffered long uninterrupted incarceration till date if it could be a special circumstance to consider grant of parole.
5. The petitioner thus may apply for parole with the competent authority which application may be considered and disposed of in the light of the above, within 10 days of filing of the application. The petition stands disposed of. Pending application, if any, also stands disposed of.
YOGESH KHANNA, J.
MARCH 04, 2021 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:05.03.2021 17:29