Saurabh Sharma Versus State of NCT of Delhi
Court / Forum : Delhi High Court
Citation : W.P. (CRL) 828/2020
Coram : Justice Sanjeev Sachdeva
Subject : Parole
Date of Decision : 2020-06-08
Brief Facts
- The present petition was filed petitioner for grant of emergency parole for a period of eight weeks.
- He was convicted for an offence under Section 120B/364A/34 of Indian Penal Code, 1860 and was sentenced to undergo life imprisonment and fine of Rs. 50,000/- and in default of payment of fine to undergo further imprisonment for a period of one year.
- The petitioner who had already undergone 12 years 9 month and 28 days of incarceration and had been in custody without any parole or furlough since the year 2013 had now sought emergency parole for a period of eight weeks so that he can restore his family ties.
- The Respondent submitted that petitioner shall not be granted emergency parole as he had escaped from custody during the court production at the Lucknow Court on June 20, 2013 and was re-arrested on July 4, 2013 and he has also been convicted in two other cases.
Issues
- Whether a convict who had escaped from custody seven years ago can be granted parole?
Decision
- The Hon’ble High Court held that petitioner should be given a chance to reform himself and show that he has changed since the time he escaped from custody.
- The Court further observed that the petitioner had not been granted any parole since he had escaped from custody while being produced in 2013 i.e. nearly seven years ago. The petitioner had since been in custody continuously for a period of seven years and there was nothing adverse reported about his jail conduct since the year 2013. He had even been awarded a certificate of recognition on 26.01.2020.
- In view of these facts, the Hon’ble High Court deemed it expedient to grant parole to the petitioner for a period of six weeks.
- Accordingly, the petition was allowed by Hon’ble High Court.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.
