Mr. Nitin Saluja, Mr. Nischal Tripathi and Mr. R. S. Jaggi, Advocates v. STATE OF NCT OF DELHI

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R 08.04.2025 %

1. The Petitioner is presently serving a sentence of 8 years (as modified by this Court in Crl. Appeal No. 498/2023) awarded to him in case FIR no. 979/2014 under Sections 302 and 307 of the Indian Penal Code, 18601 and Section 25 of the Arms Act, 1959, registered at P.S. Gandhi Nagar.

2. The Petitioner is aggrieved by the rejection of his request for parole vide rejection order no. F.18/82/2024/HG/85 dated 16th January, 2025, passed by Dy. Secretary (Home), Government of NCT of Delhi in the following terms: “With reference to your office letter SCJ-13/AS(CT)/2024/1607 dated 23.12.2024, on the subject cited above, I am to inform you that the request in respect of the above said convict for grant of parole has been considered and rejected by the Pr. Secretary (Home) in view of the following:-

1. As per nominal roll, one other case is pending against the above said convict.

2. He may file SLP from jail itself where free legal aid facility is 1 “IPC” W.P.(CRL) 648/2025 Page 1 of 4 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 15/04/2025 at 16:02:22 available to all prisoners.

3. Further, as per police verification report received from SHO, PS- Gandhi Nagar, Delhi, it is stated that as per the enquiry, nobody in the family is aware about the reasons for filing this application. He is a desperate criminal having several involvements previously in heinous offences, therefore, his release would indeed impact the law and order of area. He might threaten the family of victim and other witnesses of the case. The convict may be informed accordingly.”

3. The Petitioner urges that he request for parole is necessary to enable him to take steps for filing of a Special Leave Petition before the Supreme Court, assailing the judgment dated 29th October, 2024 passed by this Court in Crl. Appeal No. 498/2023, whereby the charges against him have been altered from Section 302 of IPC to Section 304(II) of the IPC. He argues that he needs to arrange funds to engage a counsel as well as to maintain social ties with his family and friends.

4. On the other hand, the Petitioner’s request is strongly opposed by Mr. Sanjay Lao, ASC for the State. Mr. Lao points out the criminal antecedents of Petitioner. Mr. Lao acknowledges that, in some of the cases, the Petitioner has been acquitted, nonetheless, those acquittals were on account of various factors other than being an honourable/ clean acquittal. He contends that the Petitioner’s involvement in the said cases clearly indicates that he is a hardened criminal.

5. Mr. Lao further places reliance on the Status Report filed by the State, which encloses statements of the Petitioner’s neighbours, who have also expressed apprehension of being threatened by the Petitioner, in case he were to be released on parole. Additionally, Mr. Lao argues that none of his family members were aware of the Petitioner’s application for securing parole. W.P.(CRL) 648/2025 Page 2 of 4 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 15/04/2025 at 16:02:22

6. The Court has considered the contentions of the parties. As regards the criminal antecedents pointed out by Mr. Lao, it is noted that the Petitioner has been acquitted in all the cases mentioned, except for the instant case and FIR no. 0483/2017 wherein the Petitioner is presently an under-trial. Moreover, it is observed that as per the Nominal Report, the Petitioner has undergone a total period of 5 years, 4 months and 6 days as on 06th February, 2025. He has further earned a remission of 9 months and 6 days, and his unexpired portion of sentence is only 1 year, 10 months and 18 days.

7. Further, we must also take into consideration that the purpose of parole is a benevolent one and it is designed for the welfare of prisoners and to further facilitate the rehabilitation of prisoners and society.

8. Considering the above as well as the fact that the Petitioner’s conduct in jail for last one year has been satisfactory, the petition is allowed and the Petitioner is directed to be released for a period of three weeks, from the date of his release, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent, subject to the following conditions: (i) The Petitioner shall report to the concerned SHO(s) once a week on every Monday during the period of parole. (ii) The Petitioner shall furnish his telephone number to the SHO(s) concerned, which the Petitioner will keep operational at all times. (iii) The Petitioner shall surrender before the Jail Authorities at the expiry of the period of parole.

9. The petition is disposed of in the above terms.

10. A copy of the order be communicated to the concerned Jail W.P.(CRL) 648/2025 Page 3 of 4 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 15/04/2025 at 16:02:22 Superintendent for information and necessary compliance. APRIL 8, 2025 d.negi SANJEEV NARULA, J W.P.(CRL) 648/2025 Page 4 of 4 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 15/04/2025 at 16:02:22