Document Fragment View

Matching Fragments

4. Apart from recording cyclostyled reasons such as the gravity of the offence and the Petitioner's previous criminal history, the rejection is also founded on his unsatisfactory jail conduct, specifically on account of his overstaying parole for a period of more than four years. According to the SRB, this conduct reflects a non-reformative attitude.

5. In view of these observations, this Court, on 8th September, 2025, had directed the Petitioner to file an affidavit, explaining the delay in This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 20:45:58 surrendering. In compliance thereof, the Petitioner has filed an affidavit attributing the delay in surrendering to certain family circumstances. It is stated that the Petitioner was released on parole in 2014, following his mother's demise, during which period he was solely responsible for the care of his ailing father, who suffered from multiple age-related ailments. He submits that these obligations constrained him from surrendering within the stipulated time. His father passed away on 4th November, 2014, after which the entire responsibility of caring for his physically challenged brother fell upon him until the latter's death in 2018. The Petitioner further states that he continued to reside in the same locality and undertook tailoring work to support the family. He also highlights that since his re-arrest in April 2018, he has remained in custody for nearly five years with an unblemished record, and that he committed no offence during the period of parole overstay.

6. Counsel for the Petitioner further emphasises that the delay in surrendering was attributable to compelling and exceptional family circumstances and that no offence was committed by the Petitioner during the period of non-surrender. It is also submitted that the social welfare report is favourable to the Petitioner.

7. The Court has considered the submissions advanced. As per the latest nominal roll on record dated 07th January, 2025, the Petitioner has undergone 19 years, 11 months and 14 days of actual incarceration and has earned remission of 05 years, 01 month and 08 days. The nominal roll further indicates that while his conduct during the past one year is satisfactory, his overall conduct is noted as unsatisfactory owing to the punishment imposed on 22nd April, 2018 for overstaying parole. While the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 20:45:58 Court is certainly not satisfied by the explanation offered of the prolonged delay of over four years in surrendering. The Petitioner ought to have surrender within the stipulated time. Nonetheless, it is significant that no instance of re-offending or criminal involvement was reported during the period of parole overstay. Furthermore, since his surrender, the Petitioner has remained in custody without any recorded misdemeanour, and the good conduct certificates issued thereafter indicate reformative progress. He has already undergone punishment for the parole violation and was, in addition, denied the benefits of parole and furlough until 2024 on account of the delay in surrendering. In these circumstances, the said delay, though relevant, ought not by itself to preclude consideration of the Petitioner's case for premature release.