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Judgment
Petitioner seeks quashing of order No. F.18/13/2026/HG/PRISONS/ 5553-55 dated 24.03.2026 and seeks parole for a period of four weeks in case FIR No. 269/2014 of PS Jahangir Puri for offence under Section 302/341/34 IPC.
Broadly speaking, the parole application of the petitioner was rejected on the ground that the co-accused is on parole and as per Rule 1212(2) of the Delhi Prison Rules, more than one convicts cannot be released on parole simultaneously.
Learned counsel for petitioner submits that the impugned order is factually flawed since the co-convict Sunil has already expired on 30.01.2024.
Learned counsel appearing on behalf of ASC accepts notice and in all fairness admits that the impugned order suffers infirmity on the above lines.
With consent of both sides, this petition is disposed of by setting aside the impugned order and directing the competent authority to take fresh decision on the parole application of the petitioner positively within ten days. It is made clear that if fresh decision is not taken by competent authority within ten days from today, the petitioner shall be at liberty to file fresh petition in this Court.
For compliance, copy of this order be sent to the concerned Jail Superintendent forthwith.