IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
F.I.R No. FIR number
U/s.: Sections of FIR
P.S.: Police station
I N D E X
| 5. | WRIT PETITION UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, WITH AFFIDAVIT IN SUPPORT OF THE PETITIONER | |
| 6. | ANNEXURE P-1: COPY OF ORDER DATED Date of court order (Annexure P-1) PASSED BY THIS HON'BLE COURT | |
| 7. | ANNEXURE P-2: COPY OF APPLICATION FOR PAROLE DATED Date of parole application FILED BEFORE THE DEPUTY SECRETARY (HOME), GOVERNMENT OF NCT OF DELHI | |
| 8. | ANNEXURE P-3: COPY OF ORDER DATED Date of court order (Annexure P-3) PASSED BY THIS HON'BLE COURT | |
| 9. | ANNEXURE P-4: COPY OF AADHAR CARD OF THE PETITIONER'S PROKOSH | |
| 10. | APPLICATION UNDER SECTION 482 Cr.P.C. FOR EXEMPTION FROM FILING CERTIFIED COPIES, WITH AFFIDAVIT IN SUPPORT | |
DELHIFILED BY
DATED: Date of filing
COUNSEL FOR THE PETITIONER
Advocate's address
Mob. Advocate's mobile number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF : -
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
F.I.R No. FIR number
U/s.: Sections of FIR
P.S.: Police station
URGENT APPLICATION
To,
The Hon'ble Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
It is respectfully requested that the accompanying writ petition / application may kindly be treated as urgent in accordance with the provisions of the Delhi High Court Rules, Regulations and Orders.
The grounds of urgency are as set out in the accompanying petition / application. It is accordingly prayed that the accompanying petition seeking parole for a period of 45 (forty five) days may kindly be treated as urgent.
Yours faithfully,
DELHIPETITIONER
THROUGH
DATED : Date of filing
ADVOCATE
Advocate's address
Email: Advocate's email address
Mob. Advocate's mobile number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
F.I.R No. FIR number
U/s.: Sections of FIR
P.S.: Police station
MEMO OF PARTIES
Petitioner's name
Add: Petitioner's address
: PETITIONER
VERSUS
Respondent's name
Respondent's address line 1,
Respondent's address line 2.: RESPONDENT
DELHIPETITIONER
THROUGH
DATED: Date of filing
ADVOCATE
Advocate's address
Email: Advocate's email address
Mob. Advocate's mobile number
LIST OF DATES & EVENTS
Year of arrest of the petitionerThe Petitioner / convict was arrested in the year Year of arrest of the petitioner in the said FIR No. FIR number.
Date of trial court acquittal judgmentThat the Petitioner was arrested in the year Year of arrest of the petitioner in the said FIR, and by a judgment dated Date of trial court acquittal judgment, the Ld. Trial Court acquitted the Petitioner.
Date of High Court conviction judgmentBy a judgment dated Date of High Court conviction judgment, this Hon'ble Court convicted the Petitioner in Crl. Appeal No. Criminal appeal number filed by the Respondent / State, and sentenced him to undergo rigorous imprisonment for life, along with a fine of Rs. Fine amount (₹)/- for the offence punishable under Sections Sections of FIR of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of six months. Thereafter, the Petitioner filed an SLP against the said judgment of conviction, which is pending before the regular board.
Date of last parole orderThat the Petitioner has been in judicial custody for the last Total period of judicial custody and has been released on parole on Total number of previous parole releases occasions, and has duly surrendered each time. The last parole was granted to the Petitioner vide order dated Date of last parole order for a period from Last parole start date till Last parole end date. The convict / Petitioner duly surrendered before the Jail upon the expiry of the said parole.
Date of parole applicationThe Petitioner's parole application was filed before the Deputy Secretary (Home), Government of NCT of Delhi, New Delhi, by the prokosh of the Petitioner.
Date of court order on earlier petitionThis Hon'ble Court directed the Respondent to take a decision on the application filed by the Petitioner within two weeks, and the petition for grant of parole filed by the Petitioner, being Crl. W.P. No. Earlier writ petition number, was disposed of in the said terms.
Month and year of filing of the present petitionHence, the present Writ Petition.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF :-
Petitioner's name
Add: Petitioner's address
: PETITIONER
VERSUS
Respondent's name
Respondent's address,
I.P. Estate, New Delhi.: RESPONDENT
F.I.R No. FIR number
U/s.: Sections of FIR
P.S.: Police station
CRIMINAL WRIT PETITION FILED BY THE PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, SEEKING PAROLE FOR A PERIOD OF 45 (FORTY FIVE) DAYS.
MOST RESPECTFULLY SHOWETH :-
1.That the Petitioner has sought to invoke the extraordinary jurisdiction of this Hon'ble Court under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking parole for a period of 45 (forty five) days.
2.That the Respondent is an instrumentality of the State within the meaning of Article 12 of the Constitution of India and is amenable to the jurisdiction of this Hon'ble Court.
3.That the Petitioner was arrested in the year Year of arrest of the petitioner in the said FIR, and by a judgment dated Date of trial court acquittal judgment, the Ld. Trial Court acquitted the Petitioner. However, by a judgment dated Date of High Court conviction judgment, this Hon'ble Court convicted the Petitioner in Crl. Appeal No. Criminal appeal number filed by the Respondent / State, and sentenced him to undergo rigorous imprisonment for life, along with a fine of Rs. Fine amount (₹)/- for the offence punishable under Sections Sections of FIR of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of six months. Thereafter, the Petitioner filed an SLP against the said judgment of conviction, which is pending before the regular board.
4.That the Petitioner has been in judicial custody for the last Total period of judicial custody and has been released on parole on Total number of previous parole releases occasions, and has duly surrendered each time. The last parole was granted to the Petitioner vide order dated Date of last parole order for a period from Last parole start date till Last parole end date. A copy of the order dated Date of last parole order passed by this Hon'ble Court is annexed as Annexure mark for parole order. This Hon'ble Court was pleased to allow the same, and the convict / Petitioner was directed to surrender upon the expiry of the parole, which he duly did. Even otherwise, the convict / Petitioner has never misused the liberty granted by this Hon'ble Court.
5.That the Petitioner's application for parole was filed before the Authority addressed (Deputy Secretary Home) at New Delhi by the prokosh of the Petitioner on Date of parole application. A copy of the application for parole is annexed as Annexure mark for parole application.
6.That before this Hon'ble Court, the Petitioner filed Crl. Writ Petition bearing No. Earlier writ petition number seeking parole. On Date of hearing of earlier petition, while hearing the said petition, this Hon'ble Court directed the Respondent to take a decision on the application filed by the Petitioner within two weeks, and disposed of the petition in the said terms. A copy of the order dated Date of court order on earlier petition passed by this Hon'ble Court is annexed as Annexure mark for court order.
GROUNDS
A.That the parents of the convict / petitioner have already passed away, leaving him as the sole caretaker of the family's agricultural land situated at Village/location of agricultural land. The cultivation and management of the crops has become his primary source of sustenance and livelihood.
B.That, in the absence of any other immediate family members or caretakers at the village, the petitioner bears the sole responsibility for the care, maintenance, and harvesting of the crops on his family's land.
C.That the agricultural cycle demands immediate attention, particularly during the harvesting season. There is no other individual present at the petitioner's village home to oversee the cultivation and sale of the crops lying there. Failure to attend to these responsibilities may result in substantial financial loss and detriment to the petitioner's livelihood. The successful cultivation and sale of the crops are paramount to the petitioner's financial stability and his ability to sustain himself, as the proceeds from the harvest are essential for meeting his basic needs and obligations.
D.That the grant of parole by this Hon'ble Court will enable the petitioner to dispose of or sell the produce, thereby ensuring his financial stability and enabling him to honour his familial obligations. It is noteworthy that the petitioner has a commendable track record of parole compliance, having never absconded or misused any previous grant of temporary release / parole.
E.It is further submitted that the petitioner has not misused the liberty granted to him, and that no other member of his family is available to look after the affairs aforesaid during the period of 45 (forty five) days for which the petitioner seeks release from jail.
F.That the petitioner is endeavouring to reform himself and reintegrate into the mainstream of society, as he was deprived of the love and affection of his family members and society. There has been no complaint against him after his earlier releases, and the petitioner undertakes that he shall not harass anyone and that no complaint of any kind shall be received against him.
G.That it is most humbly submitted that the petitioner has spent more than 10 years in jail and has not misused the parole / furlough earlier granted by this Hon'ble Court. Further, the conduct of the petitioner in jail has been satisfactory; even so, his application for grant of parole has not been considered by the Jail authorities.
H.That the conduct of the petitioner in jail has never been found objectionable by the Jail authorities, and not even a single punishment has been imposed upon the petitioner during his period of incarceration.
7.That the petitioner shall reside at the address mentioned in the memo of parties, in case this Hon'ble Court is pleased to allow this petition for parole.
8.That the petitioner shall furnish one surety in the minimum amount of ₹Surety amount (₹)/- in case parole is granted by this Hon'ble Court, to the satisfaction of the Jail Superintendent.
9.That there is nothing on record to show that the petitioner has misused the liberty of parole, or has threatened the witnesses or the complainant, during his earlier releases on parole / furlough.
10.That the petitioner undertakes to abide by all the terms and conditions imposed by this Hon'ble Court while granting parole to him, and the petitioner shall definitely surrender before the Jail Authorities on the expiry of the period of parole.
11.That the petitioner has not filed any other similar writ petition seeking parole, either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
- : P R A Y E R : -
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Issue a writ in the nature of mandamus, or grant parole to the petitioner for a period of 45 (forty five) days, in F.I.R. No. FIR number under Sections Sections of FIR, P.S.: Police station;
(b)Pass any such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
It is prayed accordingly.
DELHIPETITIONER
THROUGH
DATED: Date of filing
ADVOCATE
Advocate's address, New Delhi-110001
Email:
Mob.: Advocate's mobile number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Miscellaneous application number OF 2024
IN
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
F.I.R. No. FIR number
U/s.: Sections of FIR
P.S.: Police station
APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Description of annexures for exemption
MOST RESPECTFULLY SHOWETH:
1.That the petitioner has filed Annexures along with the main petition in support of the petition, and the Annexures so filed are true, correct and compared copies of the originals.
2.That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that the petitioner may kindly be exempted from filing the certified copies of the Annexures.
Such other and further orders as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case, may also be passed in order to meet the ends of justice.
It is prayed accordingly.
DELHIPETITIONER
THROUGH
DATED: Date of filing
ADVOCATE
Advocate's address, New Delhi-110001
Email:
Mob.: Advocate's mobile number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
I, Deponent's name, Deponent's address, do hereby solemnly affirm and declare as under:
1.That I am the Deponent's relation to petitioner of the petitioner in the above-noted case and am well conversant with the facts and circumstances of the case, and as such I am competent to swear this affidavit.
2.That the contents of the accompanying Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure have been read over and explained to me in vernacular, and having understood the same, I state that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
3.That the facts stated above in this affidavit are true to my knowledge, no part of the same is false, and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification day of Month and year of verification that the contents of the above affidavit are true and correct to my knowledge, no part of it is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. NO. Miscellaneous case number OF 2024
IN
CRL. WRIT PETITION No. Writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
I, Deponent's name, Deponent's address, do hereby solemnly affirm and declare as under:
1.That I am the Deponent's relation to petitioner of the petitioner in the above-noted case and am well conversant with the facts and circumstances of the case, and as such I am competent to swear this affidavit.
2.That the petitioner has gone through the averments made in the accompanying application filed under Section 482 Cr.P.C. seeking exemption from filing certified copies, and submits that this application has been drafted by my counsel on my instructions and explained to me in vernacular, and I having understood the same.
3.That the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
DEPONENT
VERIFICATION :-
I, the deponent named above, do hereby verify that the contents of the affidavit above are true and correct to my knowledge; no part of it is false, and nothing material has been concealed therefrom.
Verified at New Delhi on this Date of verification day of May, 2024.
DEPONENT