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High Court of DelhiW.P.(CRL)/2530/2025

Md Mustikim Ansari v. State NCT Of Delhi

2025-09-23Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2530/2025 MD MUSTIKIM ANSARI .....Petitioner Through:

Mr. Nitin Saluja (DHCLASC), Mr.

Nischal Tripathi, Advocates.

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

Mr Yasir Rauf Ansari, ASC (Criminal), Mr Alok Sharma, Advocate for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.09.2025 1.

Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner against the Order dated 28.04.2025 vide which the Parole Application of the Applicant, has been dismissed, with the further prayer that he may be granted Parole for a period of two months, to arrange funds for construction of a house at his Village and to maintain social ties. A Detailed Report from the Office of the Superintendent of Prisons, Central Jail No. 14, Mandoli, Delhi-110093, has been submitted on behalf of the Respondent. Let the same be taken on record.

2.

In the said detailed report, it is submitted that the Applicant/Petitioner was found in possession of 36 kanchas of tobacco on 29.02.2024 and a Punishment Ticket was given whereby a punishment of 15 days stoppage of mulakat was imposed. The said Punishment Ticket was challenged before 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 26/09/2025 at 12:00:29

this Court and was remanded to be decided afresh after following due procedure and given a Notice to the Petitioner. The same was followed and the Punishment Sentence was reiterated vide Order dated 01.03.2025, which has been affirmed by the learned ASJ, in his appraisal dated 22.03.2025. 3.

Learned counsel on behalf of the Respondent submits that under the Jail Rules, in case of a Punishment Ticket, the Parole cannot be granted for two years. The Punishment had been initially given on 09.02.2024 and therefore, the Petitioner is not entitled for Parole for two years from the said date.

4.

In view of the totality of circumstances, the Petition is disposed of with liberty to the Petitioner, to move an Application afresh, in accordance with the Delhi Prison Rules, 2018.

NEENA BANSAL KRISHNA, J SEPTEMBER 23, 2025/RS 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 26/09/2025 at 12:00:29