Dilshad v. State

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2709/2019 DILSHAD ..... Petitioner Through:

Mr Kunal Malhotra and Mr Vivek Kumar, Advocates.

versus STATE ..... Respondent Through:

Mr Sanjay Lao, ASC Mr Amanpreet Singh and Mr Divyank Tyagi, Advocates for Mr Rahul Mehra, Standing Counsel for State.

SI Ashish Sharma, PS Welcome.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.02.2020 1.

The petitioner has filed the present petition, inter alia, praying that he be released on parole for a period of three months to maintain social ties and family relations and to curb inner stress and depression due to incarceration. 2.

The petitioner's application for parole was denied in terms of Rule 1211 of the Delhi Prison Rules, 2018. The petitioner has been convicted for multiple murders and, therefore, in terms of Rule 1211 of the Delhi Prison Rules, 2018, parole cannot be granted to him, except, if in the discretion of the competent authority, special circumstances exist for grant of parole. 3.

In this case, no special circumstances exist for granting the parole. In addition, it has been pointed out that two of the co-accused (including the petitioner's brother) have jumped their furlough/parole and have not been

apprehended as yet.

4.

In the circumstances, the concerned competent authority believes that there is an imminent risk of the petitioner jumping his parole, if released. The said apprehension cannot be stated to be unfounded. 5.

In the given circumstances, this Court finds no infirmity with the decision of the concerned competent authority in rejecting the petitioner's application for parole.

6.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J FEBRUARY 04, 2020 RK