W.P.(CRL)/67/2025 of BONZOLAISY ALIAS CHINU Vs THE STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 67/2025BONZOLAISY ALIAS CHINU

.....Petitioner

Through: Mr. Sunil Tiwari, Adv. (through VC) Mr. SS Hora, Adv.

versus

THE STATE NCT OF DELHI

.....Respondent Through: Mr. Sanjay Lao, SC for the State with Mr. Priyam Agarwal, Mr. Abhinav Arya & Mr. Aryan Sachdeva, Advs. SI Pardeep Kumar, PS- Rajouri Garden

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJANO R R28.03.2025

1.The present petition is filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking release of the petitioner on parole for period of three months.

2.The application for release on parole, filed by the petitioner, was rejected by the respondent authority by order dated 06.12.2024 noting that he is not entitled for parole in view of Rule 1210 sub rule (II), (III) and (IV) of the Delhi Prison

Rules, 2018 which prohibits grant of any relief to the prisoners:

a. who have been awarded major punishments for any prison offence; offence;

b. during the period of release on parole or furlough, they have committed any crime; have committed any crime;

c. the convict has violated any terms and conditions of the parole or furlough granted previously.

3.I have perused the status report and the nominal roll. The petitioner was released on parole on earlier occasion for period of four weeks between 17.12.2016 to 14.01.2017 pursuant to an order by this Court. The petitioner, however, did not surrender on time and was absconding till 10.05.2017.

4.The nominal roll also indicates that during the said period, the petitioner was further found to have been involved in another offence in FIR No. 144/2017.

5.The petitioner was again released on parole from 08.06.2021 to 20.11.2021 pursuant to the order passed by this Court. This Court at that time had granted parole to the petitioner in terms of the order passed by the Full Bench of this Court in Court on Its Own Motion v. State (Govt. of NCT of Delhi): in W.P. (Crl.) 4921/2021 on account of the onset of COVID.

6.The petitioner, pursuant to the said order, again failed to surrender and was re-arrested on 26.07.2023.

7.The jail conduct also indicates that multiple punishments have been awarded to the petitioner.

8.The conduct of the petitioner does not entitle him to any discretionary relief by this Court while exercising the power under Article 226 of the Constitution of India.

9.The petition is, therefore, dismissed.

MARCH 28, 2025/SS”

AMIT MAHAJAN, J