Delhi High Court
W.P.(CRL)/2860/2026 of NIKHIL SAXENA Vs STATE (NCT OF DELHI) on 21 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439342026 + W.P.(CRL) 2860/2026 NIKHIL SAXENA .....Petitioner Through: Mr. Siddharth Yadav, Mr. Anmol K. Pandey and Ms. Jyoti Yadav, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Rahul Tyagi, ASC. WSI – Deepika. CORAM:
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010439342026
+
W.P.(CRL) 2860/2026
NIKHIL SAXENA
.....Petitioner
Through:
Mr. Siddharth Yadav, Mr. Anmol K.
Pandey and Ms. Jyoti Yadav, Advs.
versus
STATE (NCT OF DELHI)
.....Respondent
Through:
Mr. Rahul Tyagi, ASC.
WSI – Deepika.
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 21.09.2026
1. This hearing has been done through hybrid mode.
2. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking quashing of order No. F.18/13/2026/HG/PRISONS/8030-32 dated 07.09.2026 passed by the respondent, whereby the petitioner's request for grant of parole was rejected, and seeking grant of parole for a period of sixty days in FIR No. 101/2018 registered at P.S. Adarsh Nagar under Sections 302/393/397 of the IPC and Sections 25/27 of the Arms Act.
3. Learned counsel for the petitioner submits that the petitioner has undergone more than eight years of incarceration, after excluding the period spent on interim bail, and that his conduct in custody has remained satisfactory. It is further submitted that the petitioner was last granted furlough for a period of two weeks from 23.05.2026 to 06.06.2026 and that the said period has since elapsed.
4. Learned ASC for the state has handed over the nominal roll and the Status Report in Court. Let the same be taken on record.
5. It is noted that the sole ground cited by the respondent for rejecting the petitioner's request for parole is that the petitioner had availed furlough for a period of two weeks from 23.05.2026 to 06.06.2026.
6. Having regard to the period of incarceration undergone by the petitioner, his conduct in custody, as reflected from the nominal roll, and the circumstances placed before this Court, this Court is inclined to grant parole to the petitioner for a period of four weeks from the date of his release from jail, subject to the following terms and conditions: i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, who shall be a family member, to the satisfaction of the Jail Superintendent concerned. ii. The petitioner shall report to the SHO concerned of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of parole. iii. The petitioner shall reside at the address mentioned in the present petition during the period of parole. iv. The petitioner shall surrender before the Jail Superintendent, immediately after the expiry of the period of parole.
7. The petition stands disposed of in the above terms. Pending applications, if any, also stand disposed of.
8. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.
9. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 21, 2026/ys/P