W.P.(CRL)/440/2025 of MAHIPAL Vs STATE(GOVT. OF NCT OF DELHI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 440/2025

MAHIPAL.....Petitioner

Through:Mr. Anurag Jain, Adv.

versus

STATE(GOVT. OF NCT OF DELHI)

.....Respondent

Through:Mr. Sanjay Lao, Standing CounselSI Anugraha, PS Welcome

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R R%12.02.2025

CRL.M.A. 3985/2025

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(CRL) 440/2025

1.This is petition filed under Article 226 of the Constitution of Indiaread with Section 482 of the Code of Criminal Procedure, 1973 seekingrelease of the petitioner on parole for period of four weeks from the date ofhis release on the ground that the son of the petitioner is getting married on16.02.2025.

2.In the present case, the petitioner has been convicted under sections302/34/342/330 of IPC, 1860 and was sentenced to life imprisonment.

3.Mr. Jain, learned counsel for the petitioner states that the petitionerhas already moved an application on 20.01.2025 before the concerned

authoritiesseeking grant of parole, but the same has not been decided due tothe elections.

4.The factum of the wedding of the son of the petitioner has alreadybeen verified.

5.Additionally, the petitioner has earlier been granted parole for aperiod of four weeks vide order dated 10.05.2024 passed in W.P.(CRL)951/2024and the petitioner duly surrendered in time.

6.As per the status report, the petitioner has already undergoneincarceration for period of 8 years 10 months and 12 days, has remissionof 2 years 2 months and 20 days.

7.The Hon’ble Supreme Court in Atbir v. State of NCT of Delhi (2022)13 SCC 96 while relying on Asfaq v. State of Rajasthan & Ors. (2017) 15SCC 55 inter alia held as under:-

…..15. convict, literally speaking, must remain in jail for theperiod of sentence or for rest of his life in case he is life convict. Itis in this context that his release from jail for short period has tobe considered as an opportunity afforded to him not only to solve hispersonal and family problems but also to maintain his links withsociety. Convicts too must breathe fresh air for at least some timeprovidedtheymaintaingoodconductconsistentlyduringincarceration and show tendency to reform themselves and becomegood citizens. Thus, redemption and rehabilitation of such prisonersfor good of societies must receive due weightage while they areundergoing sentence of imprisonment.”

8.This Court cannot overlook the circumstances and the familyexigencies that may have arisen in the family of the petitioner due toprolonged incarceration of the petitioner. While dealing with an issuerelating to grant of parole to convict, the Courts are required to balance theinterests of convict as well as of the society.

9.For the reasons stated above, the petition is allowed and the petitioneris directed to be released on parole for period of four weeks on account ofthe wedding of the petitioner’s son subject to the following terms andconditions:

(a)The petitioner shall furnish personal Bond in the sum of Rs.5,000/- and one Surety Bond of family member in the likeamount to the satisfaction of the Jail Superintendent;5,000/- and one Surety Bond of family member in the likeamount to the satisfaction of the Jail Superintendent;

(b)The petitioner shall furnish his cellphone number to the concernedInvestigating Officer (‘IO’)on which the petitioner may becontacted at any time and shall ensure that the number is keptactive and switched-on at all times;Investigating Officer (‘IO’)on which the petitioner may becontacted at any time and shall ensure that the number is keptactive and switched-on at all times;

(c)The petitioner shall not leave the country without the permissionof the concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;of the concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;

(d)The petitioner will furnish his permanent address to the IO and incase he changes his address, he will inform the IO concerned;case he changes his address, he will inform the IO concerned;

(e)The petitioner shall not indulge in any act or omission that isunlawful or that would prejudice the proceedings in pendingcases, if any.unlawful or that would prejudice the proceedings in pendingcases, if any.

(f)Upon expiry of the period of parole, the petitioner shall surrenderbefore the Jail Superintendent.before the Jail Superintendent.

10.The petition is disposed of accordingly.

11.CopyoftheorderbecommunicatedtotheconcernedJailSuperintendent for necessary compliance.Superintendent for necessary compliance.

12.Status report handed over in Court today is taken on record.

FEBRUARY 12, 2025/sp

JASMEET SINGH, J

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