Budha v. State
Case brief
What is this about?
The High Court of Delhi allowed grant of parole to two co-convicts for four weeks to file Special Leave Petition before the Supreme Court, subject to furnishing personal bonds, sureties, periodic reporting, and ensuring non-simultaneous release.
What did the court decide?
Parole granted for a period of four weeks to file SLP in Supreme Court subject to personal bond of `10,000/-`, one surety, periodic reporting, and non-simultaneous release.
What the court decided
$~15 & 16
- IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1049/2016 BUDHA ..... Petitioner Through: Mr.Nitish Chaudhary, Advocate for Mr.Chetan Lokur, Advocate. versus STATE ..... Respondent Through: Ms.Nandita Rao, A.S.C. for the State with Insp.Surendra Singh, ATO Kotwali. AND + W.P.(CRL) 1192/2016 SUNDER @ RAJU ..... Petitioner Through: Mr.H.Rehman, Advocate. versus STATE ..... Respondent Through: Mr.Vishesh Wadhwa, Advocate for Ms.Kamna Vohra, A.S.C. for the State with Insp.Surendra Singh, ATO Kotwali.
CORAM: HON’BLE MS. JUSTICE PRATIBHA RANI
O R D E R % 13.05.2016
- These two petitions have been filed by the petitioners, who are co-
W.P.(CRL) 1049 & 1192 of 2016 Page 1 of 4
convicts in case FIR No.39/2009, PS Kotwali, praying for grant of parole to enable them to file SLP before the Hon’ble Supreme Court and to maintain social ties.
- On behalf of petitioners, it has been submitted that the representations made by the petitioners to the Government of NCT of Delhi praying for grant of parole to enable them to file SLP before the Supreme Court have been rejected by the competent authority and the copy of the rejection orders have been placed on record.
- Learned counsel for the Petitioners have further submitted that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also includes the ground of filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be. The petitioners are seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the petitioners may be granted parole for the said purpose. The said guideline reads as under:-
Issues for consideration
2 issues framed by the court
Whether the petitioners graded as convicts are eligible for parole under the Parole/Furlough Guidelines-2010 purpose of filing Special Leave Petition before the Supreme Court of India.
Whether co-convicts in the same case can be released on parole simultaneously.
Parties & counsel
- petitioner
Buda
- petitioner
Sunder @ Raju
- respondent
State
Coram
Case details
As recorded by the court registry
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