Afzal v. State Govt Of NCT Of Delhi
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1768/2026 AFZAL .....Petitioner Through:
Ms. Anamika and Mr. Saatvik Khurana, Advs.
versus STATE GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Sanjay Lao, SC for State
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 03.06.2026 1.
By virtue of the present application under Articles 226 and 21 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, who has been convicted and sentenced under Sections 411/413/414 of the Indian Penal Code, 1860 (IPC) by the learned Principal District and Sessions Judge, South-District, Saket Courts, New Delhi (Trial Court) in proceedings arising out of e-FIR No.000030/2020 registered at PS: INA Metro, seeks grant of parole for a period of 15 days to enable him to attend and participate in the first death anniversary ceremony/ fateha/ barsi of his late father scheduled to be held on 06.06.2026.
2.
Learned counsel for the petitioner submits that the presence of the petitioner with his family members during the said ceremony is indispensable for performing the religious rites and prayers attached with the first death anniversary of his late father, and as such, on humanitarian grounds, he may be granted parole.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Issue notice.
4.
Learned SC for State accepts notice and submits that since the verification of the contents of the present petition has already been done telephonically, there is no requirement for filing the Status Report and as such, the petitioner may be granted parole albeit for a reasonable period of time lesser than 15 days.
5.
As such, considering the overall facts and circumstances involved, especially the circumstances of the petitioner and the jurisprudential intent behind parole, and particularly keeping in view the no objection given by learned SC for State, in the interest of justice, the present petition is allowed. Accordingly, the petitioner, convicted and sentenced under Sections 411/413/414 IPC by the learned Trial Court in proceedings arising out of e-FIR No.000030/2020 registered at PS: INA Metro, be released on parole for a period of one week from the date of his release, subject to him furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her, as also subject to the satisfaction of the Jail Superintendent, and further subject to the following conditions:- i.
During the period the petitioner remains out on parole, the petitioner shall not leave NCT of Delhi.
ii.
The petitioner shall also provide the SHO, PS: INA Metro with a mobile telephone number which shall be kept in working condition at all times.
iii.
The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
or any member of the complainant's family or tamper with the evidence of the case.
iv.
The petitioner is directed to surrender before the Jail Superintendent on the expiry of the period of one week of parole at or before 04:00 PM.
6.
Copy of the present order be sent to the concerned Jail Superintendent for necessary information and compliance. 7.
The present petition is allowed and disposed of in the aforesaid terms.
SAURABH BANERJEE, J.
(VACATION JUDGE) JUNE 03, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.