Sartaj @ Allahrakha v. State (G.N.C.T. Of Delhi)

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2363/2025, CRL.M.A. 22091/2025 SARTAJ @ ALLAHRAKHA .....Petitioner Through:

Mr. Anuj Kapoor, Mr. Shivam Sethi and Mr. Nandesh Nanda, Advocates.

versus STATE (G.N.C.T. OF DELHI) .....Respondent Through:

Mr. Sanjeev Bhandari, Ld. ASC for State with Mr. Arjit Sharma and Ms.

Sakshi Jha, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 31.07.2025 1.

A Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner against the Order dated 10.06.2025 vide which his Application for Parole for eight weeks in FIR No.157/2013 under Section 302/34 IPC P.S. Hazarat Nizamuddin has been dismissed. In the impugned Order it has been noted that the Petitioner was released for four weeks on Parole w.e.f 07.02.205 to 07.03.2025. However, he needs urgent Parole to get his daughter admitted in a private school. 2.

Submission heard.

3.

The Parole has been essentially rejected in terms of Rule 1210 subrule (V) of Delhi Prison Rules, 2018, which provides that a minimum of six 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 02/08/2025 at 13:30:20

months ought to elapse from the date of surrender on the conclusion nof previous Parole that was availed.

4.

In the present case, earlier Parole had been awarded till 07.03.2025. It is no doubt true that in emergent circumstances, the Court may exercise its discretion to grant the Parole, but herein no urgent reason has been shown. The child is already studying in a Government school. It is stated that because the cousin sister is studying in a public school, the Petitioner's child also intends to get shifted.

5.

There is no emergent situation shown for grant of Parole. The Petition is, therefore, dismissed.

6.

The Petition is disposed of along with the pending Application. NEENA BANSAL KRISHNA, J JULY 31, 2025/va 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 02/08/2025 at 13:30:20