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High Court of DelhiW.P.(CRL)/531/2025

Arun Bhati @ Annu v. The State Of NCT Of Delhi

2025-02-14Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 531/2025 ARUN BHATI @ ANNU .....Petitioner Through:

Mr. Amit Grover and Mr. Prakhar Sharma, Advs.

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

Mr. Rahul Tyagi, ASC for State with Mr. Mathew M. Philip, Mr. Sangeet Sibou and Mr. Aniket Kumar Singh, Advs. along with SI Naveen Kumar and SI Lal Chand, PS: V. K. South.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 14.02.2025 CRL.M.A. 4761/2025 Exemption allowed, subject to just exceptions. Application stands disposed of.

W.P.(CRL) 531/2025 1.

Writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 („BNSS‟) has been preferred on behalf of the petitioner with the following prayer: "a) Issue a writ in the nature of Mandamus grant extension of parole for three weeks to the Petitioner/convict granted by the Government of National Capital Territory of Delhi, Home (General) Department Delhi Secretariat I.P Estate Delhi-110002 vide order dated 31.01.2025."

2.

Issue notice. Learned ASC for the State appears on advance notice and accepts notice.

W.P.(CRL) 531/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:42:50

3.

Learned counsel for the petitioner submits that an application for parole had been preferred by the petitioner before the Principal Secretary, Home General, Government of NCT of Delhi on 26.11.2024. However, since no response was received, W.P.(CRL) 221/2025 was preferred on behalf of the petitioner seeking parole for a period of four weeks. In the meantime, prior to listing of the aforesaid petition on 04.02.2025, petitioner was granted parole vide order dated 31.01.2025 passed by Government of NCT of Delhi, Home (General) Department for a period of two weeks, and accordingly, the writ petition preferred on behalf of the petitioner was disposed of as infructuous vide order dated 04.02.2025.

Learned counsel for the petitioner points out that parole granted to the petitioner vide order dated 31.01.2025 is to expire on 16.02.2025 and prays that parole be extended for a further period since the petitioner can be granted parole for a period of four weeks in one spell. 4.

Learned ASC for the State does not dispute the factual position. 5.

Considering the totality of the facts and circumstances, parole granted to the petitioner vide order dated 31.01.2025 is extended for a further period of two weeks from the date of expiry, on the same terms and conditions. Petitioner shall accordingly surrender before the Superintendent Jail. Petition is accordingly disposed of. Pending application, if any, also stand disposed of.

A copy of this order be forwarded to Superintendent Jail for information and compliance.

ANOOP KUMAR MENDIRATTA, J.

FEBRUARY 14, 2025/R W.P.(CRL) 531/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:42:50