Convict sought two months' parole via Article 226 petition for a grandson's wedding without first applying to jail authorities. The court held the petition premature and dismissed it, directing her to apply to the jail authorities first, with liberty to challenge any adverse decision.
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$~80
Through: Mr. Utkarsh Singh, Advocate via video-conferencing.
versus
STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, SC (Crl) for the State.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R
% 04.12.2024
By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks to be released on parole for 02 months on the ground of her grandson’s wedding scheduled on 11.12.2024.
Mr. Utkarsh Singh, learned counsel appearing for the petitioner via video-conferencing submits, that in fact the marriage ceremonies are beginning today.
It is noticed however that the petitioner has not filed any application before the concerned Jail Authorities seeking release on parole; and has instead directly approached this court for that relief.
In the circumstances, in the opinion of this court, the present petition is premature; and is accordingly dismissed, directing the petitioner to first approach the concerned Jail Authorities by filing an appropriate application seeking parole.
The petition stands disposed-of.
Pending applications, if any, also stand disposed-of.
Needless to add that the petitioner shall be at liberty to challenge any
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W.P.(CRL) 3794/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:49:05
decision taken by the Jail Authorities on the application seeking parole that the petitioner may file, if so advised, in accordance with law.
ANUP JAIRAM BHAMBHANI, J
DECEMBER 4, 2024 ds
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W.P.(CRL) 3794/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:49:05
1 issue framed by the court
Is a writ petition for parole premature when no application has first been made to the jail authorities?
1 provisions across 1 enactments
Laxmi
State (Govt. of NCT of Delhi)
Anup Jairam Bhambhani
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
