Mr. Zeeshan Diwan, Advocate DHCLSC with Mr. Harsh and Mr. Piyush Thanvi, Advocates v. STATE GOVT. OF NCT OF DELHI

CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R 10.02.2025 This petition under Article 226 of the Constitution read with Section %

1. 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed on behalf of Petitioner seeking issuance of writ in the nature of mandamus directing the Respondent to release the Petitioner on parole for a period of two (2) months to get treatment from a private hospital and to maintain social ties. 2. The Petitioner herein was arrested in FIR No. 94/2006 under Sections 302/392/394/364/201/411/34 of Indian Penal Code, 1860 (‘IPC’) registered at Police Station (P.S.) Timarpur. He was convicted by the Trial Court by way of the order of sentence dated 23.02.2013. The Petitioner had filed an appeal against his conviction i.e. Crl. Appeal No. 1071/2013 before this W.P.(CRL) 3923/2024 Page 1 of 5 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 11/02/2025 at 11:06:36 Court, which was dismissed vide judgment dated 21.08.2014. 3. The Petitioner is currently lodged in Central Jail No. 14, Mandoli, New Delhi and as per the Nominal Roll dated 02.01.2025 he has undergone incarceration of about 17 years and 11 months 09 days, after including the period of remission. 4. During the pendency of this petition, the Respondent has placed on record the order dated 12.01.2025 whereby the Petitioner’s application seeking parole was rejected by the competent jail authority. The principal reason given for rejecting the application for parole is the fact that when the Petitioner who was released on emergency parole w.e.f. 24.04.2020, he failed to surrender to the jail authorities on 13.02.2021 and in fact, had to be re-arrested on 19.07.2023. 5. Learned counsel for the Petitioner submits that since the emergency parole was granted in the exceptional circumstances of the Covid Pandemic and had been extended from time to time by the orders of the High Court in W.P. (C) 3080/2020 on the recommendation of high-powered committee, therefore, there was a gap of communication and the Petitioner was not made specifically aware about the date of surrender. He states that the Petitioner was not absconding and was in fact re-arrested from his residence on 19.07.2023. 6. In reply, learned ASC for Respondent-State submits that the Petitioner was handed down a punishment ticket for having failed to surrender on

13.02.2021 which punishment ticket has attained finality and the Petitioner cannot indirectly raise a challenge to the said punishment ticket by way of the present petition while seek parole. 6.1. She states that the reliance placed by the Petitioner on the orders of W.P.(CRL) 3923/2024 Page 2 of 5 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 11/02/2025 at 11:06:36 the Coordinate Benches with respect to other convicts who delayed surrendering to the jail authorities in the year 2021 is not applicable to the present Petitioner, since in those cases the period of delay in surrender was marginal whereas in the present case the Petitioner effectively jumped the parole for a period of over 2 ½ years. 6.2. She has further handed over a status report dated 07.02.2025 which records that the Petitioner’s given address in the nominal roll at Uttar Pradesh has been verified. She is directed to have the said status report place on record. 7. This Court has heard the parties and and has perused the material on record. 8. This Court finds merits in the submissions of the learned ASC that since the punishment ticket handed over to the Petitioner for having jumped the parole on 13.02.2021 has attained finality, the Petitioner cannot reagitate the said issue by way of the present petition. 9. This Court notes that the present petition is filed for releasing the petitioner on parole to get medical treatment from a private hospital and re- establish social ties with the family members and society, as well as to curb inner stress. Attention of this Court was also drawn to the fact that present Petitioner has undergone actual custody of 15 years 7 months 3 days (without remission) and has earned remissions of 2 years 4 months and 6 days. The Petitioner’s conduct in the Nominal Roll records is recorded as satisfactory. Except for the punishment ticket issued in 2023 due to delay in surrender, the last punishment was issued in 2018. The Petitioner was re- arrested from his residence on 19.07.2023 and his conviction year began on

23.02.2024. However, the Petitioner herein has not been enlarged on W.P.(CRL) 3923/2024 Page 3 of 5 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 11/02/2025 at 11:06:36 furlough or parole after 19.07.2023 and a substantial period of 18 months has since expired. 10. Keeping in view the satisfactory conduct of the Petitioner in the last one year and in keeping in view the ailments from which the Petitioner is suffering, this Court sees no impediment in granting parole to the Petitioner. 11. Needless to say, while dealing with an issue relating to grant of parole to a convict, the Courts are required to balance the interests of convict as well as of the society. However, the Courts are also required to consider cases, such as present one, with sensitivity and compassion, and an opportunity may be provided to a convict to re-establish social ties. 12. In view of the above, the Petitioner is enlarged on parole only for a limited period of four (4) weeks from the date of release subject to the following conditions: i. ii. The Petitioner shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the Jail Superintendent. The Petitioner shall also provide the Jail Superintendent with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the Jail Superintendent. iii. The Petitioner shall not leave the National Capital Territory of Delhi during the period of parole, without the prior permission of this Court. iv. The Petitioner shall not indulge in any criminal activity during the period of parole and shall not communicate with or come in contact with the deceased family in any manner or go near their residence at W.P.(CRL) 3923/2024 Page 4 of 5 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 11/02/2025 at 11:06:36 any time. v. vi. The Petitioner is directed to surrender before the jail authorities at the expiry of the period of parole. The Petitioner shall not leave the State of Uttar Pradesh during the period of parole. vii. The Petitioner shall report to the concerned SHO of Police Station of Morav District. Unnao U.P. once in every two (2) weeks, i.e., on the 1st Monday of every two weeks at 04:00 PM and the concerned officer is directed to release him by 05:00 PM after recording his presence and completion of all formalities.

13. With the above directions, the petition stands disposed of. Pending application, if any, also stands disposed of 14. Copy of the order be sent to the Jail Superintendent for information and necessary compliance. 15. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. FEBRUARY 10, 2025/msh/ms MANMEET PRITAM SINGH ARORA, J Click here to check corrigendum, if any W.P.(CRL) 3923/2024 Page 5 of 5 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 11/02/2025 at 11:06:36