privilege in terms of Rule 1212 of Delhi Prisons Rules, 2018,
since the co-accused has been released on parole.
3. In the status report ... terms of Note '2' of Rule 1212 of Delhi Prison Rules, 2018, the
simultaneous parole to co-accused is ordinarily not permissible. However
earlier one co-convict was released on parole but he had not
surrendered and jumped the parole. He had joined a terrorist
organization and died ... cases, parole shall not be
granted, except, if in the discretion of the competent authority
special circumstances exist for grant of parole:
Rule
Court."
At the same time, Rule 1203 of the Delhi Prison
Rules, 2018 deals with the custody parole, which reads as
under ... that."
As per Rule 1209 of the Delhi Prison Rules, 2018, an
undertrial can be granted custody parole by the concerned
trial court. However
emergency parole granted
earlier, so vide Rule 1210(IV) of the Delhi Prisons Rules, he cannot be
granted parole. Thirdly, since the petitioner ... previous parole, in view of Rule 1211(III) of the Delhi
Prisons Rules, he is not entitled to parole.
3. The misconduct alleged related
next issue is the entitlement of appellant to custody parole. The
Delhi Prison Rules, 2018 provides for custody parole, which reads:
"1203. "Custody ... Rule 1203 above from the
concerned police station immediately on receipt of the
application/request to that effect.
1205. The custody parole may be granted
attention to Rule 1210(V) of the Rules,
2018, which provides that in order to be eligible for release on parole, a
minimum ... date of surrender on
conclusion of the previous parole availed and further that parole may be
considered even if minimum six months' period
fulfilment of conditions stipulated in Rule 1210 of Delhi Prison
Rules, 2018, on an application filed by the convict. Rule 1209 clarifies that
where ... conflict in absence of
specific permissive rule in this regard. Rule 1209 of Delhi Prison Rules,
2018 also clarifies the aforesaid legal position.
Reference
Rules and the same cannot be termed as an exception circumstance
under Rule 1211 of Delhi Prison Rules, 2018. It is also submitted that ... been drawn to the Rule 1211 of
Delhi Prison Rules, 2018, which provides that:
"1211. In the following cases, parole shall not be granted
Delhi Prison Rules, 2018 was issued, whereby the Rule 1202(ii) and Rule
1212-A was added in regard to the Emergency Parole, wherein ... Delhi, whereby his Parole
w.e.f. 23.03.2020 was treated as emergency Parole and the entire period of
emergency Parole was to be treated
that in terms
of Rule 1224(III) of the Delhi Prison Rules, 2018, a prisoner who
absconds while on parole or furlough is not entitled ... Rule 1224(iii) of Delhi Prison Rules 2018 states that the
prisoner who absconded while released on parole or furlough
shall not be eligible
