Sonu @ Hemraj v. State (NCT Of Delhi)

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3607/2024 SONU @ HEMRAJ .....Petitioner Through:

Mr. Rajeev Chhetri, Mr. Rajesh Chhetri and Mr. Sandip Munian, Advocates.

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

Mr. Yasir Rauf Ansari, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.10.2025 1.

Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the Petitioner, Sonu @ Hemraj for grant of Parole in Case FIR No. 389/2010 under Section 302/394/397/34 of the Indian Penal Code, 1860 registered at Police Station Sangam Vihar.

2.

It is submitted that the Petitioner is presently in Central Jail No. 2, Tihar, serving a Sentence of life imprisonment in the aforesaid FIRs. His Parole Application has been rejected vide Order dated 22.10.2024. the Impugned Order is challenged on the grounds that Order has been passed in a mechanical manner and the discretion has not been exercised in a judicious manner. The Petitioner has undergone incarceration for a very long The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

time and deserves to be granted Bail. He needs to maintain family and social ties and also needs to combat inner stress and depression arising out of prolonged incarceration. He has never misconducted himself when released on Parole. He was not aware about the date of surrender after the emergency Parole and therefore, was unable to surrender on time. The delay in surrender was purely due to confusion prevalent during COVID 19 period. 3.

The Petitioner was working as a daily wager and hails from poorest segment of society. He needs to arrange for himself and his family members, which comprise of his aged mother, wife, widowed sister, minor niece and minor nephew. The father of the Petitioner died in the year 2018. Hence, the prayer is made to set-aside the Order dated 22.10.2024 and Parole for a period of 90 days be granted.

4.

Status Report has been filed on behalf of the Respondent wherein it is submitted that the Parole had been rightly rejected since he had jumped the earlier Parole. It is, however, stated that the present address of the Petitioner, stands verified.

5.

Submissions heard and the record perused.

6.

The only dereliction highlighted against the Petitioner, was a delay in surrender after the emergency Parole. It is a fact that there was lot of confusion during the COVID period and some inmates were unable to surrender on time. Since his date of arrest i.e. 24.06.2023, the Petitioner has not been released either on Parole or Furlough. 7.

Considering his long incarceration and also the objective of Parole, the Applicant/Petitioner be released on Parole for a period of four weeks, on the following terms and conditions:

i.

The Petitioner shall furnish a personal bond in the sum The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent.

ii.

The Petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of furlough.

iii.

The Petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted, if required. The said telephone number shall be kept active and operational at all the times by the Petitioner.

iv.

The Petitioner shall ordinarily reside at the address mentioned in the Petition.

v.

Immediately upon the expiry of period of Parole, the Petitioner shall surrender before the Jail Superintendent. vi.

The period of Parole shall be counted from the day when the Petitioner is released from jail.

8.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J OCTOBER 16, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.