MAHESH@VIKRAM vs STATE NCT OF DELHI

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.02.2025 + W.P.(CRL) 208/2025 MAHESH@VIKRAM .....Petitioner Through: Mr. Anup Kr Das and Mr. Uday Chauhan, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel for the State with Ms. Priyam Agrawal, Advocate CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J (ORAL): 1. This is a petition filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking parole for a period of period of eight (8) weeks to reconstruct an old house, which is in a bad condition and to maintain social ties with the society and family members on account of continuous long incarceration. 2. Learned counsel for the Petitioner states that the Petitioner was constrained to file this Petition, as his application dated 13.12.2024 for seeking parole was not decided by the competent authority within the time period prescribed under the Delhi Prison Rules, 2018. 2.1. He states that during the pendency of this petition, this Court by its Order dated 21.01.2025 had directed the competent authority to decide the Signature Not Verified Digitally Signed W.P.(CRL) 208/2025 Page 1 of 5 By:MAHIMA SHARMA Signing Date:26.02.2025 19:26:29 Petitioner’s application dated 13.12.2024 seeking parole, within three weeks. And, in pursuance to the said order, the competent authority has by its order dated 14.02.2025 rejected the Petitioner’s application vide on the following grounds: - 2.1.1. As per the Nominal Roll, there is a misconduct reported against the Petitioner, as he surrendered late by 03 days after expiry of interim bail in the year 2022. 2.1.2. As per the police verification report, the grounds of par