W.P.(CRL)/3245/2026 of PAPPU Vs STATE OF NCT OF DELHI THROUGH THE HOME DEPARTMENT & ANR. on 13 October 2026

O R D E R

% 13.10.2026 CRL.M.A. 32460/2026

1. Allowed, subject to all just exceptions.

2. The present writ petition has been filed seeking grant of parole for a period of eight (8) weeks.

3. The petitioner was convicted by the Trial Court for offences under Sections 302/376 of the Indian Penal Code, 1860 (‘IPC’) in connection with FIR No.435/2014 and was sentenced to rigorous imprisonment for life.

4. Earlier, the petitioner filed an application for grant of parole before the respondent on 27th May 2026 on the ground of maintaining family and social ties. The application for parole has been dismissed by the respondent vide order dated 9th September, 2026 on the ground that the petitioner is convicted of the heinous offence of murder after rape.

5. Issue Notice.

6. Notice is accepted by ASC appearing on behalf of the respondent/State.

7. As per the custody certificate dated 11th August 2026 received from the Jail authorities, the petitioner has been in custody for a period of 12 years 5 months. The petitioner has also been granted furlough on 9 occasions and the petitioner did not misuse the liberty.

8. As per the social investigation report dated 17th July 2026 furnished, the petitioner has been recommended for grant of parole. The petitioner is a first-time offender and there is no other pending criminal case against him. It is also noted that the petitioner has responsibilities and his overall conduct in Jail has been satisfactory. It is stated that the petitioner has shown a positive attitude during incarceration as well as during emergency parole.

9. This Court has repeatedly held that parole cannot be denied to the petitioner merely because he/she has committed a heinous offence and that the bar contained in Rule 1211 of the Delhi Prisons Rules, 2018 is not absolute. [See order dated 19th October 2023 passed by this Court in W.P.(Crl.) 3073/2022 titled “Jamahir @ Jawahar Paswan v. State (Govt. of NCT of Delhi)”]

10. Considering the aforesaid record and that the only ground for rejection is that the petitioner is convicted of a heinous offence, this Court is of the view that the present petition can be disposed of without calling for any reply from the respondent/State.

11. Accordingly, the respondent is directed to release the petitioner on parole for a period of four (4) weeks, subject to his furnishing a personal bond in the sum of Rs.10,000/- and a surety of the like amount to the satisfaction of the Jail Superintendent and further subject to the following conditions:

a. The petitioner shall remain at his residence during the period of his release and his ordinary place of residence shall be:- Ward No. 06, Village Chaour, P.O. Banwaripur, P.S. Bhagwanpur, District Begusarai, Bihar.

b. The petitioner shall provide his mobile number to the local Police Station which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the concerned Station House Officer (S.H.O.).

c. The petitioner shall not indulge in any criminal activity and shall maintain peace and good behaviour during his period of release.

d. Upon expiry of the period of four (4) weeks as stated above, the petitioner shall surrender before the jail authorities at Central Jail No. 2, Tihar, New Delhi.

12. With the aforesaid directions, the petition stands disposed of.

13. Copy of the order be forwarded to the Jail Superintendent for necessary compliance. AMIT BANSAL, J OCTOBER 13, 2026 Rzu