Azad Khan v. State Govt. Of NCT Of Delhi

$~113 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AZAD KHAN .....Petitioner Through:

Mr. Shailesh Chandra Jha, Advocate (DHCLSC).

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for the State.

SI Anita, P.S. Keshav Puram.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 25.02.2026 By way of the present petition filed under section 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner impugns order dated 09.01.2026, whereby his application seeking parole has been rejected by the jail authorities; and seeks parole for a period of 04 weeks. 2.

Learned counsel appearing for the petitioner submits, that the petitioner's application seeking parole has been rejected based on Rule 1210(II) of the Delhi Prison Rules 2018, namely that according to the jail authorities, the petitioner's conduct has not been uniformly good for the last 02 years before the date of application. 3.

As narrated in Nominal Roll dated 17.02.2026 received from the Jail Superintendent, the jail infraction that the petitioner was found to have committed was possession of tobacco, and he was awarded punishment for that on 29.02.2024.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Counsel submits, that 02 years have passed thereafter; and the petitioner deserves the relief of parole.

5.

Issue notice.

6.

Mr. Sanjay Lao, learned Standing Counsel appears for the State on advance copy; accepts notice; and leaves it to the court to pass appropriate orders, submitting only that the petitioner's current residential address be verified before his release. 7.

The petitioner's nominal roll shows that he has suffered actual custody of more than 121⁄2 years and has earned remission of more than 11⁄2 years; that his jail conduct in the last one year has been 'satisfactory'; and he has been serving as 'ward sahayak'. 8.

The nominal roll further shows, that the petitioner has been admitted to interim bail on 03 occasions between 2017 and 2022; and has availed furlough both in 2023 and 2024.

9.

Upon a conspectus of the aforesaid circumstances, this court is persuaded to allow the present petition. The petitioner is accordingly granted parole for a period of 04 weeks, subject to the following conditions:

9.1.

The petitioner shall furnish a personal bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;

9.2.

The petitioner shall ordinarily reside at the address as per prison records/as mentioned in the petition and as verified by the jail authorities;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.3.

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

9.4.

The petitioner shall furnish to the S.H.O., P.S.: Keshav Puram 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;

9.5.

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

9.6.

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 9.7.

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

10.

The concerned Jail Superintendent is directed to verify the current address where the petitioner would reside before releasing him from jail.

11.

Let a copy of this order be communicated to the concerned Jail Superintendent, for information and compliance. 12.

The present petition is disposed-of in the above terms. 13.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 25, 2026 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.