IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

_______________                                         : PETITIONER

VERSUS

_______________________: RESPONDENT

F.I.R No. ______

                              U/s.: _____________

P.S.: ______________

I N D E X

DELHI                                                                    FILED BY

DATED:              

______________________________

COUNSEL FOR THE PETITIONER

add_____________________________

Mob. ________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF: -

________________                                      : PETITIONER

VERSUS

_____________________         : RESPONDENT

F.I.R No. _______

                              U/s.: 302/34 of I.P.C.

P.S.: ______________

URGENT APPLICATION

To,

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi. 

Sir,

          Will you kindly treat the accompanying writ petition / application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying petition / application. Kindly treat the accompanying petition seeking parole for 45 (Forty Five Days).

Yours faithfully,

DELHI                                                          PETITIONER

THROUGH

DATED :              

________________

ADVOCATE

___________, New Delhi-110001

Email: _______________________

Mob. _________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

_____________                                            : PETITIONER

VERSUS

_____________________________   : RESPONDENT

F.I.R No. __________

                              U/s.: 302/34 of I.P.C.

P.S.: ___________________

MEMO OF PARTIES

_____________

Add: __________________

                                                                      : PETITIONER

VERSUS

_________________________________

___________________,

__________________.                                  : RESPONDENT

-------------------------------------------------------------------------------

DELHI                                                          PETITIONER

THROUGH

DATED:              

_____________________

ADVOCATE

__________________, New Delhi-110001

Email: _______________________________

Mob. ________________________

LIST OF DATES & EVENTS

2010                      :         The petitioner / convict was arrested in the year 2010 in the said FIR No._______.

22.03.2016            :         That the petitioner was arrested in the year 2010 in the said FIR and by way of judgment dated _________ the Ld. Trial Court had acquitted the Petitioner.

27.02.2018            :         Vide judgment dated ________this Hon’ble Court had convicted the Petitioner in Crl. Appeal No._______ filed by the Respondent / State and had sentenced him to undergo rigorous imprisonment for life along with fine of Rs. _________/- for offense punishable under Sections 302/34 of IPC and to undergo simple imprisonment of period of 6 months in case of default. Thereafter, the petitioner filed an SLP against the said conviction judgment which is pending in regular board.

21.11.2023            :         That the petitioner has been in judicial custody for last 10 years and Petitioner had been released on parole on six occasions and he had duly surrendered each time and last parole was granted to the Petitioner vide order dated ________ for a period from ____________ till ________. The convict / petitioner was surrender himself after expiry of the parole before Jail.

26.04.2024            :         The parole application of the Petitioner was filed to Deputy Secretary Home General, Govt. of NCT Delhi at New Delhi by the perokar of the Petitioner.

30.04.2024            :         This Hon’ble Court directed the Respondent to take a decision on the application filed by the Petitioner within two weeks and petition for grant of parole filed by the Petitioner vide CrlW.P. No._________ was disposed of in the said term.

April, 2024           :         Hence, the present Writ Petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

_____________________

Add: ______________________________

                                                                      : PETITIONER

VERSUS

_________________________________

_________________,

I.P. Estate, New Delhi.                                  : RESPONDENT

F.I.R No_____________

                              U/s.: _____________.

P.S.: ______________

CRIMINAL WRIT PEITION FILED BY THE PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF 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 Article 226 & 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 the Instrumentality’s of the State within the meaning of Article 12 of Constitution of India and does amenable to the jurisdiction of this Hon’ble Court.

3.       That the petitioner was arrested in the year 2010 in the said FIR and by way of judgment dated ___________ the Ld. Trial Court had acquitted the Petitioner, however, vide judgment dated _________ this Hon’ble Court had convicted the Petitioner in Crl. Appeal No._______ filed by the Respondent / State and had sentenced him to undergo rigorous imprisonment for life along with fine of Rs. ________/- for offense punishable under Sections 302/34 of IPC and to undergo simple imprisonment of period of 6 months in case of default. Thereafter, the petitioner filed an SLP against the said conviction judgment which is pending in regular board.

4.       That the petitioner has been in judicial custody for last 10 years and Petitioner had been released on parole on six occasions and he had duly surrendered each time and last parole was granted to the Petitioner vide order dated ________ for a period from _________ till _______. Copy of the order dated ________ passed by this Hon’ble Court is annexed as______________. This Hon’ble Court was pleased to allow the same and convict / petitioner was directed to surrender after expiry and subsequently he has surrendered on time, even otherwise convict / petitioner has never ever misused the liberty granted by this Hon’ble Court.

5.       That the application for parole of the Petitioner was filed to the ________________________ at New Delhi by the perokar of the Petitioner on_____________. Copy of the application for parole is annexed as__________________.

6.       That before this Hon’ble Court the Petitioner filed the Crl. Writ Petition bearing No.________ for parole. On _________ while hearing the said petition, this Hon’ble Court directed to the Respondent to take a decision on the application filed by the Petitioner within two weeks and disposed of the petition in the said term. Copy of the order dated ________________passed by this Hon’ble Court is annexed as _____________.

GROUNDS:-

A.      That both the parents of the convict / petitioner already passed away, leaving him as the sole caretaker of the family’s agricultural land in___________             . The cultivation and management of crops having become his primary source of sustenance and livelihood.

B.       That in the absence of any other immediate family members or caretakers at the village of the Petitioner bears the sole responsibility for the care, maintenance, and harvesting of the crops on his family’s land.

C.       The agricultural cycle demands immediate attention, particularly during the harvesting season. There are no other individuals present at his village home to oversee the cultivation and sale of the crops which were lying at his village. Failure to attend to these responsibilities could 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 ability to sustain himself. The proceeds from the harvest are essential for meting his basic needs and obligations.

D.      That this Hon’ble Court granting the parole to the Petitioner will enable him to dispose off or sell out the produce, ensuring his financial stability and honoring his familial obligations. It is noteworthy that the Petitioner has a commendable track record of parole compliance, having never absconded or misused previous grant of temporary release / parole.

E.       It is further submitted that petitioner has not misused the liberty and if petitioner will remain out of Jail for a period of 45 (forty five days), and in the absence of any other member there is no one to look after him.

F.       That petitioner is trying to reform himself with the main stream of society as the petitioner was deprived for the love and affection towards his family members and society and there is no complaint against him after his release and petitioner undertake that he will not harass any one and no complaint of any kind will be received against him.

G.      That it is most humbly submitted that Petitioner has spent more than 10 years in Jail and has not misused the parole / furlough as granted earlier by this Hon’ble Court, besides this conduct of the Petitioner in Jail is also satisfactory even then petitioner application for grant of parole has not been considered by the Jail authorities.

H.      That the conduct of the Petitioner in the Jail is never found objectionable by the Jail authorities, not even a single punishment has been given to the Petitioner during his period of incarceration.

7.       That the Petitioner will reside at the address mentioned in the memo of parties in case this Hon’ble Court please to allow this petition for parole.

8.       That the Petitioner will furnish one surety of the minimum amount upto Rs._______/- in case parole is granted by this Hon’ble Court to the satisfaction of Jail Superintendent.  

9.       That there is nothing on record to show that petitioner has misused the liberty of parole or has threatened the witnesses or complainant while his earlier releases on parole / furlough.

10.     That the Petitioner undertakes to abide by all the terms and conditions as imposed by this Hon’ble Court while grating the parole to him and the Petitioner shall definitely surrender before the Jail Authority on the expiry of period of parole.

11.     The petitioner has not filed any other similar writ petition seeking parole either before this Hon’ble Court or before Hon’ble Supreme Court of India.

- : P R A Y E R :-

It is, therefore, respectfully prayed that this Hon’ble Court may pleased to :

(a)            Issue a writ in the nature of Mandamus directing the Respondent to release the Petitioner on parole on Grant Parole to the petitioner for 45 (forty five days) in F.I.R No. _______ U/s.: 302/34 of I.P.C. P.S.: Crime Branch, _____;

(b)           Any such further orders may deem fit to this Hon’ble Court be passed in the interest of justice.

DELHI                                                          PETITIONER

THROUGH

DATED :              

_______________

ADVOCATE

_________, New Delhi-110001

Email: _________________________

Mob. _________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. _____ OF 2024.

IN

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

______________                                          : PETITIONER

VERSUS

_________________________ : RESPONDENT

F.I.R No. _______

                              U/s.: ____________.

P.S.: _________________

APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE CODE FOR EXEMPTION FROM FILLING CERTFIED COPIES OF THE ANNEXXURES.

MOST RESPECTFULLY SHOWETH ;-

1.       That the petitioner has filed Annexures along with the main petition in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.      That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the petitioner may kindly be exempted from filling the certified copies of the Annexures.

Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly.                                                    

DELHI                                                          PETITIONER

THROUGH

DATED :              

________________________

ADVOCATE

________________, New Delhi-110001

Email: _____________________

Mob. ____________________

IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

_______________                                         : PETITIONER

VERSUS

_________________________ : RESPONDENT

AFFIDAVIT

Affidavit of ______________________________ Delhi-110039, do hereby solemnly affirm and declare as under :-

1.       That I am the ______ / sister in law of the petitioner in the above noted case and am well conversant with the facts and circumstances of the case as such 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 say 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 as stated above in the Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2024. 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. _____ OF 2024.

IN

CRL. WRIT PETITION No. _____ OF 2024.

IN THE MATTER OF :-

____________________                               : PETITIONER

VERSUS

____________________________     : RESPONDENT

AFFIDAVIT

Affidavit of _______________________Delhi-110039, do hereby solemnly affirm and declare as under :-

1.       That I am the _________/Sister in law of the petitioner in the above noted case and am well conversant with the facts and circumstances of the case as such 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 to filling certified copies and submits that this application had been drafted by my counsel on my instructions and explained to me in vernacular and having understood the same.

3.       I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

I, the above named deponent do hereby verify that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

Verified at New Delhi on this ____, day of May, 2024.

DEPONENT