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Parole be granted to accused to file appeal in Court: HC

Last Updated: Friday, February 12, 2010 - 14:45

New Delhi: The Delhi High Court has said
that an accused may be granted parole to allow him to fight
the case against him.

The court turned down the contention of the
government that an accused need not be released on parole to
hire a lawyer of his choice to fight criminal cases as free
legal aid is available for them.

The court passed the order on a petition filed by an
convict, undergoing life imprisonment in murder case, pleading
for parole to file an appeal against his conviction and life
imprisonment sentence.

The Delhi Government had refused parole to the
petitioner, Chintu Malhotra, on the ground that he did not
need to get out of the jail to file appeal in the Supreme
Court as he could avail free legal aid provided by it to
approach the apex court.

Justice V K Jain, however, refused to accept
government`s contention and granted parole to him.

"I find no merit in it," Justice Jain said, adding,
"his anxiety to engage the best lawyer he can, and to brief
him adequately in order to enable him to present his case
before the Supreme Court effectively and to his complete
satisfaction is quite understandable".

"The impugned order rejecting the request of the
petitioner for grant of parole is hereby set aside and the
petitioner is directed to be released on parole," the court
said.

PTI

First Published: Friday, February 12, 2010 - 14:45

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