Delhi High Court - Orders
Laxman vs State (Gnctd) on 27 April, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1184/2021
LAXMAN ..... Petitioner
Through: Ms. Richa Dhawan, Adv.(DHCLSC)
versus
STATE (GNCTD) ..... Respondent
Through: Mr. Nandita Rao, ASC for State, SI
Pravin Singh, PS Shahbaad Dairy
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 27.04.2022 This is a petition seeking release of petitioner on parole for a period of 2 months. The petitioner has been convicted u/s 10 of the POCSO Act. The Rule 1211 of Delhi Prison Rules, 2018 reads as under:
"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 Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.05.2022 18:57:44 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."
In view of Rule 1211(VII) and in view of the competent authority having already denied release of the petitioner on parole, this Court finds no reason to interfere with the same.
The petition is dismissed.
JASMEET SINGH, J APRIL 27, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.05.2022 18:57:44