The Delhi High Court on Wednesday granted parole to a man convicted under the POCSO Act, after considering that he has already served eight out of his 14 years rigorous imprisonment, and needs eight-week parole to file a Special Leave Petition.
The Single-Judge Bench of Justice Manoj Kumar Ohri directed the concerned Jail Superintendent to release the petitioner on parole for a period of eight weeks on a personal bond and surety of Rs 10,000 each, to the satisfaction of Jail Superintendent, along with certain conditions.
The Court heard the petition filed under Section 226 of the Constitution read with Section 482 Cr.P.C.
As per the petitioner, he was convicted of offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012.
The Counsel for the petitioner submitted that the petitioner has already undergone incarceration of about eight years out of rigorous imprisonment for 14 years and fine.
The Counsel further stated that parole has been granted to POCSO convicts or those undergoing life imprisonment, also for the purposes of filing SLP by placing reliance on several decisions of Supreme Court and various High Courts.
The Counsel for the State submitted that the reason for dismissal was very clear and the Parole Rules have been followed.
The Counsel then brought into light the State Prison Rules, 2018 dealing with parole and furlough, where the Rules do not permit a prisoner convicted under POCSO Act for parole moreover it is clear that the “special circumstances” or rather their absence, have been referred to only in respect of the filing of an SLP, but not for the entitlement of the applicant for parole under Rule 1211(VII) of the State Prison Rules.