W.P.(CRL)/1325/2025 of VIPIN Vs STATE OF NCT OF DELHI AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1325/2025

VIPIN

.....Petitioner

Through: Ms Priyal Bhardwaj and Mr Chetan Bhardwaj, Advs. Bhardwaj, Advs.

versus

STATE OF NCT OF DELHI AND ANR.

.....Respondents

Through:

Mr. Rahul Tyagi, ASC for the State.

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R R% 30.04.2025

CRL.M.A. 12454/2025 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

W.P.(CRL) 1325/2025

3.By way of the present writ petition, the petitioner seeks emergency parole for period of four weeks, in view of the medical condition of his younger brother.

4.Verification report has been filed on behalf of the State with regard to the medical condition of the brother of the petitioner.

5.It is submitted by the learned counsel appearing for the petitioner that

the petitioner had been convicted under Sections 364/302/201/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’) in case arising out of in FIR No.906/1998, registered at Police Station Dabri, Delhi and has already This is 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 01/05/2025 at 16:21:28

undergone incarceration of about 33 years including remission. The learned counsel appearing for the petitioner states that the petitioner herein had been released on parole and furlough on 34 occasions and had never misused the liberty so granted. It is, therefore, prayed that the petitioner be released on emergency parole for period of four weeks.

6.The learned ASC for the State, submits that pursuant to the last order, verification report has been filed wherein it has been stated that Mr. Banarsee Lai (brother of the petitioner) had been admitted in Ujala Cygnus Rainbow Hospital, Sikandra, Agra post-surgery on 04.04.2025, however, the surgery in question had not been performed at the said hospital and the patient had been discharged on 12.04.2025, as case of post-surgery complications.

7.This Court has heard arguments addressed on behalf of both the parties and has gone through the material available on record and also the nominal roll.

8.This Court notes that during the entire period of incarceration, the petitioner was granted parole and furlough on 34 occasions, and the liberty so granted had not been misused by the petitioner. While serving his sentence in the prison, his jail conduct has been satisfactory.

9.Considering the aforesaid facts and circumstances, this Court is inclined to grant parole to the petitioner for period of four (04) weeks, subject to the following terms and conditions:

(i) The petitioner shall furnish personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent concerned. Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent concerned.

(ii) The petitioner shall report to the SHO of the local area on

This is 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 01/05/2025 at 16:21:28

every Sunday between 10:00 AM to 11:00 AM.

(iii) The petitioner shall furnish telephone/mobile number to the Jail Superintendent, on which he can be contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner.

(iv) Immediately upon the expiry of period of parole, the petitioner shall surrender before the Jail Superintendent.

(v) The period of parole shall be counted from the day when the petitioner is released from jail.

10.With the above terms, the present writ petition is disposed of.

11.A copy of this order be sent by the Registry to the Jail Superintendent concerned.

12.The order be uploaded on the website forthwith.

APRIL 30, 2025/A

DR. SWARANA KANTA SHARMA, J

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