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Judgment
CRL.M.A. 39/2026 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(CRL) 3/2026
The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of BNSS seeking issuance of writ in the nature of certiorari.
The petitioner seeks quashing of Order No.F.18/107/2025/HG/Prisons/ 3737 dated 05.12.2025 whereby his request for grant of parole has been rejected by the competent authority.
The order of rejection has also been annexed with the petition.
A perusal of the same would indicate that the prime most reason for rejection is the fact that his co-accused is also on parole and simultaneous parole to a co-accused is, ordinarily, not permissible.
As per the Nominal Roll dated 15.12.2025, the other co-accused, are now lodged in prison. One of such co-accused has been released but it is because of the fact that he has completed his tenure of sentence.
In view of the abovesaid, learned counsel for the petitioner submits that he would have no objection if his earlier request for grant of parole is reconsidered by the competent authority in light of aforesaid development.
Learned Addl. P.P. for the State also submits that the abovesaid application shall be considered afresh as expeditiously as possible and in accordance with law.
In view of the above, learned counsel for the petitioner, at the moment, does not press for any further relief and states that his petition may be disposed of accordingly.
The petition stands disposed of accordingly.
It is expected that the competent authority shall consider the same application seeking grant of parole as expeditiously as possible and in accordance with law and the prevalent guidelines. Needless to say, in case the request of parole is not acceded to by the competent authority, the petitioner would be permitted to file the petition afresh.
A copy of this order may be forwarded to Superintendent, Jail for necessary information and action.