Ms. Priyal Bhardwaj, Ms. Satakshi Gupta, Advs v. STATE OFNCT OF DELHI

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 596/2025 & CRL.M.A. 24111/2025 EXEMPTION FROM FILING TYPED AND LEGIBLE COPIES ETC. RANJEET SINGH@ SONI @ BAAZ .....Petitioner Through: Ms. Priyal Bhardwaj, Ms. Satakshi Gupta, Advs. versus STATE OFNCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Aggarwal, Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva, Advs. with SI Sargam Bhardwaj, PS Adarsh Nagar. CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJAO R D E R% 03.09.20251. This is a petition under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023, for quashing the order F.18/331/2015/HG/2950 dated 26.11.2024 and for directions to the respondent to grant parole for a period of 08 weeks. 2. Petitioner was convicted in case FIR No. 31/2010, PS Adarsh Nagar, under Section 302/201/120-B/34 IPC and has been sentenced with imprisonment for life. Presently, he is serving sentence in Tihar Jail. 3. The counsel for the petitioner vide application dated 14.10.2024 applied for parole for 08 weeks which was rejected by the competent authority vide order No. F.18/331/2015/HG/2950 dated 26.11.2024.Being aggrieved, the petitioner has filed the present petition for grant of parole for a period of 08 weeks to take care of his aged mother- whose medical This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:21:44 documents have been placed on record. 4. The Ld. Standing Counsel for the State submits that as per the jail manual, there has to be one month gap from the previous period of furlough before a fresh furlough/parole can be obtained. In the present case, the petitioner was released on furlough and had recently surrendered on 16.08.2025- one moth has not lapsed and hence he is not entitled for parole in view of the statutory framework. It is further contended that the mother of the petitioner was admitted in Hospital GMCH, Chandigarh on 12.08.2025 and was discharged on 17.08.2025. It is also contended that the petitioner’s mother is stable and that other family members apart from the petitioner can take care of her. 5. Heard learned counsel for the parties and perused the record. 6. The nominal roll dated 23.12.2024 received from Superintendent of Prison, Central Jail No. 2, Tihar, New Delhi reflects that the present petitioner has been released on furlough on various occasions and had duly surrendered and not misused the liberty granted to him. 7. Rule 1212 and Rule 1212-A of the Delhi Prison Rules, 2018 discuss about eligibility criteria of parole and grant of emergency parole, which read as under:- 1212. A convict would be released on parole for a period of maximum eight weeks in minimum two spells in a conviction year. However, the period of release in one spell should not be more than four weeks. There should be one month gap between parole and last furlough availed and vice–versa. Note:- (1) If the convict has applied for extension after surrendering from the original parole or his application for parole is pending decision when he surrendered after availing original parole then his case will be considered as fresh case. (2) Simultaneous parole to co-accused is ordinarily not permissible, however, in exceptional circumstances competent authority may consider This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:21:44 for reasons in writing for granting parole to co-accused who are family members. 1212-A Emergency Parole:-"Notwithstanding anything contained in the Rule 1210 or 1212, in the event of emergent situations like threat of epidemic, natural disaster or any other situation or circumstances which warrant immediate easing of population of the inmates in the prison, and, in order to secure the interest of inmates. the prison administration and the society at large, the Government may grant up to eight weeks parole in one spell in addition to the regular parole as provided in these Rules. Further, the number of spells may be increased if emergent situation so warrants. This shall be subject to such conditions as may be prescribed by the Government. Further, it shall be discretion of the Government to decide as to whether the period spent by the prisoner outside the prison on this emergency parole shall be counted towards the sentence of the prisoners or not." 8. This condition of one month gap operates as a “cooling-off” period to ensure that successive spells of release are not granted in close succession. At the same time, it is well settled that parole is an established facet of reformation, aimed at enabling a convict to maintain family and social ties and to discharge essential obligations. Courts exercising jurisdiction under Article 226 of the Constitution are empowered to relax strict adherence to the Rules where emergent humanitarian grounds are made out. 9. The status report filed today verifies that the mother of the petitioner was admitted to hospital on 12.08.2025 and discharged on 17.08.2025, thus confirming her medical condition. In these circumstances, this Court is of the opinion that the rigour of Rule 1212 of the Delhi Prison Rules, 2018 must give way to the urgent humanitarian necessity in the instant case. To deny parole solely on the basis of the cooling-off requirement of one month between two consecutive spells of furlough/parole would amount to a mechanical application of the Rules, defeating the very objective underlying parole jurisprudence. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:21:44

10. Accordingly, the petition is allowed and the petitioner is directed to be released on parole for a period of 04 weeks from the date of release, subject to the following conditions: (i) He shall furnish a personal bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent. (ii) That in the event of change of address of the petitioner, he is directed to promptly notify the concerned Jail superintendent; (iii) He shall report to the SHO, PS Adarsh Nagar, once a week, every Tuesday at 10:00 AM. The concerned officer shall release the petitioner by 11:00 AM after recording his presence and completing all necessary formalities. (iv) The petitioner shall provide his mobile number to the concerned jail authorities and to the Investigating Officer and ensure it remains operational at all times. (v) He shall not directly or indirectly attempt to influence witnesses or tamper with the evidence. (vi) He shall surrender before the Jail Superintendent immediately upon expiry of the parole period. 11. It is made clear that breach of any of the above conditions shall entail cancellation of parole forthwith. 12. The petition is accordingly disposed of in the above terms. 13. Copy of the order be sent to the concerned Jail Superintendent for information and necessary compliance. RAVINDER DUDEJA, JSEPTEMBER 3, 2025/AK