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Pilluwa Alias Pappu vs State Of Delhi on 20 April, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                          $~25
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 343/2022
                                 PILLUWA ALIAS PAPPU                                ..... Petitioner
                                                     Through:      Mr. Shiv Chopra, Ms. Aadhyaa
                                                                   Khanna and Mr. Saurav Prakash
                                                                   Bajaj, Advocates

                                                     versus

                                 STATE OF DELHI                                     ..... Respondent
                                                     Through:      Mr. Rajesh Mahajan, ASC for State
                                                                   along with SI Surendra Singh, P.S.
                                                                   Palam Village

                                 CORAM:
                                 HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                     ORDER

% 20.04.2022

1. Learned counsel for the petitioner submitted that the petitioner was sentenced to undergo rigorous imprisonment for 10 years out of which he has undergone more than 8 years. It is submitted that the since the petitioner has been languishing in jail for more than 8 years, he may be allowed to be released on parole to rehabilitate him in the society, to maintain his social ties and to take care of his ailing parents.

2. Mr. Rajesh Mahajan, learned ASC for State, on instructions, has informed this Court that the mother of the petitioner has already expired in March 2022 and for the reason, the petition may be dismissed as infructuous.

3. Heard learned counsel for the parties.

4. The foundational concept of parole is to enable a convict to re- establish his social ties in the community and his family and reintegrate himself in the society. It enables the convicts to maintain their social and familial obligation and responsibilities as well as maintain contact with the world outside the prison. However, this reformative relief is also subject to conditions laid down under the Delhi Prison Rules, 2018 which are reproduced hereinunder:-

―1211. In the following cases, parole shall not be granted, except, if in the discretion of the competent authority special circumstances exist for grant of parole; I. Prisoners convicted under sedition, terrorist activities and NDPS Act.

II. Prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the District Magistrate of his home district or there exists any other reasonable ground such as a pending investigation in a case involving serious crime.

III. Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak of riot, mutiny or escape, or rearrested who absconded while released on parole or furlough or who have been found to be instigating serious violation of prison discipline as per the reports in his/her annual good conduct report.

IV. Convicted foreigners subject to prior approval of Ministry of Home Affairs & Ministry of External Affairs and having valid permission to stay in India. V. Prisoners suffering from mental illness, if not certified by the Medical Officer to have recovered, VI. If the prisoner is convicted of murder after rape; VII. If the prisoner is convicted under POCSO; VIII. If prisoner is convicted for multiple murders whether in single case or several cases. IX. If prisoner is convicted for Dacoity with murder.

X. If prisoner is convicted for Murder after kidnapping for ransom.

XI. If the prisoner is convicted under Prevention of Corruption Act.

XII. If the case is investigated by the Central Bureau of Investigation or Central Agency.‖

5. In the instant matter the petitioner has been convicted under Section 376(2)F/109/201 of the Indian Penal Code, 1860 and Section 4/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter "POCSO Act"). Sub-rule VII of Rule 1211 of the Delhi Prison Rules, 2018, categorically bar the grant of parole in cases of POCSO, except in exceptional circumstances. The exceptional ground which the instant petitioner has taken is that he wishes to take care of his ailing parents, however, as per the information received by the learned ASC, the mother of the petitioner has unfortunately already expired. It is found that the petitioner has concealed this material fact from this Court to avail the undue benefit of parole since, in these circumstances, the ground which he seeks has become non-existent and infructuous.

6. Keeping in view the provisions under the Delhi Prison Rules, 2018, the submission of the learned ASC and the fact that no exceptional circumstances arise for the grant of parole to the petitioner, this Court does not find any merit to allow the instant petition.

7. Accordingly, the petition is dismissed, with pending applications, if any.

CHANDRA DHARI SINGH, J APRIL 20, 2022 Dy/ms Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:21.04.2022 19:05:43