Mohd Saeed v. State Gnct Of Delhi

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 633/2026 MOHD SAEED .....Petitioner Through:

Ms. Priyal Bhardwaj with Mr. Chetan Bhardwaj, Advocates.

versus STATE GNCT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for the State.

Insp. Sanjeev Kumar, P.S.: Spl. Cell.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 22.05.2026 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks parole for a period of 04 weeks.

2.

Petitioner has been denied parole vidé order dated 09.01.2026 passed by the jail authorities.

3.

Notice on this petition was issued on 23.02.2026. 4.

Status report under cover of index dated 23.03.2026 has been filed. 5.

Nominal roll dated 22.04.2026 has been received from the Jail Superintendent.

6.

Ms. Priyal Bhardwaj, learned counsel for the petitioner submits, that the petitioner is about 70 years of age and is suffering from age-related diseases. Medical prescriptions in support of the petitioner's medical condition have been appended to the petition. W.P.(CRL) 633/2026 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Ms. Bhardwaj submits, that the petitioner has suffered judicial custody of more than 30 years and has earned remission of almost 02 years. 8.

Ms. Bhardwaj further submits, that though the petitioner is a convict inter-alia for the offence under the Terrorist and Disruptive Activities (Prevention) Act 1987 ('TADA'), the petitioner has been released on parole on 20 occasions between 2005 and 2025; and insofar as any prison punishments awarded are concerned, he has already suffered the consequences of those punishments.

9.

Counsel submits, that the petitioner wishes to spend Eid with his family in Hapur, Uttar Pradesh.

10. Mr. Sanjay Lao, learned Standing Counsel (Criminal) appearing on behalf of the State submits, that the petitioner's sentence is for a very heinous offence under TADA; and there is no specific medical ground made-out for grant of parole. Subject to the said objections, Mr. Lao leaves it to the court to pass appropriate orders.

11. After briefly hearing learned counsel for the parties, what weighs with the court are the following considerations: (i) the petitioner has suffered judicial custody of more than 30 years and has earned remission of almost 02 years; (ii) that though the petitioner is undergoing life imprisonment for offences under TADA, the nominal roll bears-out the fact that he has been released on parole on no less than 20 occasions between 2005 to 2025; that his jail conduct over the last 01 year has been 'satisfactory'; and he has already served-out the prison punishments awarded for prior infraction under the jail rules.

12. The petitioner is also stated to be working as jail factory sahayak. W.P.(CRL) 633/2026 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13. Upon a conspectus of the foregoing, this court is persuaded to allow the present petition. The petitioner - Mohd. Sayed s/o Abdul Rashid - is accordingly granted parole for a period of 04 weeks subject to the following conditions:

13.1. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;

13.2. The petitioner shall confine himself to District: Hapur, Uttar Pradesh, except for travelling to and from prison in Delhi and shall ordinarily reside at the address as per prison records/as mentioned in the petition;

13.3. The petitioner shall present himself before the S.H.O., P.S.: Hapur, Uttar Pradesh every Wednesday between 11:00 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

13.4. The petitioner shall furnish to the S.H.O., P.S.: Connaught Place, New Delhi a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

13.5. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent;

13.6. The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any; and W.P.(CRL) 633/2026 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.7. Upon expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.

14. Petition stands disposed-of in the above terms.

15. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 22, 2026 ds W.P.(CRL) 633/2026 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.