Tasleem v. State ( NCT Of Delhi)

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3991/2025 & CRL.M.A. 35927/2025 TASLEEM .....Petitioner Through:

Mr. Sarthak Maggon, Advocate.

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

Mr. Yasir Rauf Ansari, ASC for the State along with Mr. Alok Sharma and SI Gaurav, PS Kalyanpuri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 02.12.2025 W.P.(CRL) 3991/2025 1.

The Petitioner seeks suspension of sentence under Article 226 of the Constitution of India read with Sections 528 and 473 of the Bhartiya Nagarik Suraksha Sanhita, 2023 on humanitarian grounds. The Petitioner's request for pre-mature release is pending adjudication before this Court in WP (CRL) 578/2025.

2.

The Petitioner relies on personal circumstances, stating that his sister passed away on 09th October, 2025, and that his 81-year-old mother's health is deteriorating. He submits that he has maintained spotless conduct in custody and has never misused liberty during periods of parole or furlough. He claims to be the only male member available to care for his mother. He further submits that his representation dated 25th November, 2025, seeking extension of parole is pending consideration. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In the opinion of the Court, the grounds urged by the Petitioner may be relevant for consideration under the statutory framework governing parole or furlough. However, these personal circumstances do not furnish a legal basis to suspend the Petitioner's sentence under Article 226. 4.

Temporary release on humanitarian considerations is regulated under the Delhi Prison Rules, 2018, and the Petitioner has in fact already invoked that mechanism by submitting a representation dated 25th November, 2025, seeking extension of parole. That representation is still pending before the competent authority and must be decided, in accordance with law. 5.

Having considered the submissions, this court finds no grounds to suspend the Petitioner's sentence. The petition seeking suspension of sentence is accordingly dismissed.

6.

The competent authority shall consider and decide the Petitioner's representation in accordance with law and communicate the outcome to him CRL.M.A. 35926/2025 (Seeking Extension of parole for 8 weeks) 7.

While the main writ petition has been dismissed, Mr. Sarthak Maggon, counsel for the Petitioner, submits that the petitioner is presently on parole valid until 06th December, 2025, and seeks its extension. He places reliance on Standing Order No. 01/2019 to argue that the ceiling of 15 weeks of parole and furlough in a conviction year has not yet been reached in the Petitioner's case. The standing order reads as follows: 31.

Ordinarily a convict fulfilling all eligibility condition should not be allowed to avail more than 15 weeks of Parole and Furlough in a conviction year and this will be ensured by the Superintendent of Prison. This may not apply for Parole granted by the Delhi High Court. None-compliance of these instructions will be viewed seriously and departmental action may be initiated without further notice The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

It is submitted that the Petitioner is the primary caretaker of his 81year-old mother and is required to perform certain Islamic ceremonies following his sister's demise. On this basis, he prays for extension of parole, while asserting that he remains within the 15-week limit stipulated in the Standing Order.

9.

Mr. Yasir Rauf Ansari, ASC for the State, opposes the request, and submits that the Petitioner's brother and other family members are available to look after the mother, and that the Petitioner's request is merely an attempt to avoid surrender. It is further submitted that the 15-week figure under the Standing Order is not a matter of right, and that the Petitioner must show cogent grounds for extension of parole.

10.

Considering the totality of circumstances, and on humanitarian grounds, the Petitioner's parole is extended for a period of 4 weeks, subject to this additional period not exceeding 15 weeks of parole for the conviction year, as per Standing Order No. 01/2019.

11.

With the above directions, the instant petition along with pending applications stands disposed of.

SANJEEV NARULA, J DECEMBER 2, 2025/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.