Anju @ Sonia @ Baby v. State (NCT Of Delhi)

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2904/2025 & CRL.M.As. 27080/2025, 27084/2025 ANJU @ SONIA @ BABY .....Petitioner Through:

Ms.

Anushkaa Arora and Mr.

Taranpreet Singh, Advocates.

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

Mr. Amol Sinha, ASC (Crl.) with Mr.

Kshitiz Garg, Mr. Ashvini Kumar, Ms.

Chavi Lazarus, Mr.

Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates for State.

SI Arvind Bhimwal, PS: GTB Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.09.2025 1.

The present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeks grant of parole for a period of three months. 2.

The Petitioner is a convict in FIR No. 69/2007 registered under Sections 364/365/392/328/302/120B of the Indian Penal Code, 1860 at P.S. M.S. Park and is currently serving life imprisonment. 3.

The Petitioner is currently out on her third spell of furlough, which ends on 11th September, 2025.

4.

In the aforementioned background, the Petitioner has now applied for parole for a period of three months on the grounds that her youngest daughter, aged approximately 18 years, is suffering from acute typhoid and 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 12/09/2025 at 14:22:54

jaundice. It is submitted that the Petitioner's presence is essential to ensure proper medical treatment and to arrange the necessary funds. 5.

Mr. Amol Sinha, ASC for the State, on the other hand, points out that as per Rule 1212 of the Delhi Prisons Rules, 2018, there has to be a minimum gap of one month between the last furlough availed and being released on parole. The said rule reads as follows: "1212.

A convict would be released on parole for a period of maximum eight weeks in minimum two spells in a conviction year. However, the period of release in one spell should not be more than four weeks. There should be one month gap between parole and last furlough availed and vice-versa.

Note:-

(1) If the convict has applied for extension after surrendering from the original parole or his application for parole is pending decision when he surrendered after availing original parole then his case will be considered as fresh case.

(2) Simultaneous parole to co-accused is ordinarily not permissible, however, in exceptional circumstances competent authority may consider for reasons in writing for granting parole to co-accused who are family members."

6.

In view of the specific rule prohibiting the grant of parole, this Court is of the opinion that the relief sought in the present petition cannot be granted.

7.

Once the Petitioner surrenders, the instant petition shall be treated as a representation for parole and shall be considered and decided by the State within two weeks thereafter, in accordance with the law. 8.

Disposed of, along with pending applications. 9.

Copy of the order be sent to the concerned Jail Superintendent, for necessary information and compliance.

SANJEEV NARULA, J SEPTEMBER 10, 2025/d.negi 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 12/09/2025 at 14:22:54