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2025 DAILYLAW 27763 (DEL)

DEEPAK KUMAR @ CHINTU v. STATE (NCT OF DELHI)

W.P.(CRL)/2598/2025 · 2025-09-16

Neena Bansal Krishna

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2598/2025 DEEPAK KUMAR @ CHINTU .....Petitioner Through: Mr. Siddharth Yadav and Mr. Anmol Kumar Pandey, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Rahul Tyagi, ASC for State with Mr. Sangeet Sibou, Adv. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 16.09.2025 1. Writ Petition under Articles 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 challenging Order dated 20.06.2025, vide which, Parole was declined to the Petitioner for a period of 60 days in FIR No.0185/2012 under Sections 302/34 IPC, registered at P.S.: Mangol Puri. 2. It is submitted in the Petition that the Petitioner is undergoing sentence under Section 302 IPC for life imprisonment. Father of the Petitioner died on 03.05.2025 after long illness. He was unable to attend the cremation of his father despite being the eldest son, since he was in prison. The Petitioner seeks grant of parole for a period of sixty (60) days for performing Shraddh/ Puja of his late father and needs to console his ailing mother and to be with her in this time of grief. He has submitted that his presence with his family in this grief is indispensable. 3. It is submitted that the Application for grant of parole was dismissed in a mechanical manner and without considering his family circumstances. The This is a digitally signed order. 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 18/09/2025 at 12:35:48 Petitioner hails from poorest segment of society. His presence is indispensable as he needs to help his family in this time of grief. He also needs relief to combat inner stress / depression arising out of prolonged incarceration. His jail conduct has been satisfactory. 4. Status Report has been received on behalf of the State, wherein the factum of demise of the Petitioner’s father has been verified. It is further submitted that he has undergone custody of 11 years 01 month and 04 days. 5. Nominal Roll of the Petitioner has also been received from the Jail Superintendent, wherein his conduct has been reported ‘satisfactory’. Submissions heard and record perused. 6. The bail was denied to the Petitioner vide Order dated 20.06.2025 only on the ground that he did not surrender on time after interim bail in the year 2021, during COVID-19 period and had to be re-arrested. 7. Considering the submissions made and the fact that after the demise of Petitioner’s father, his presence with his family members in this time of grief cannot be faulted. Accordingly, the Petitioner is granted parole for a period of three weeks in FIR No.0185/2012 under Sections 302/34 IPC, registered at P.S.: Mangol Puri, upon his furnishing a personal bond in the sum of Rs.10,000/- and one surety of the like amount to the satisfaction of the Jail Superintendent and subject to the following conditions:- a) Petitioner shall appear before the Court as and when the matter is taken up for hearing; b) Petitioner shall provide his mobile number to IO/SHO concerned, which shall be kept in working condition at all times; c) Petitioner shall inform the IO/SHO and the Jail Superintendent, about the address where he shall be available in Delhi; This is a digitally signed order. 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 18/09/2025 at 12:35:48 d) Petitioner shall ordinarily reside at the address mentioned in the Petition; e) Immediately upon the expiry of period of Parole, the Petitioner shall surrender before the Jail Superintendent. 8. A copy of this Order be communicated to the learned Trial Court and as well as the concerned Jail Superintendent. 9. The Petition along with pending Applications, if any, is disposed of. NEENA BANSAL KRISHNA, J. SEPTEMBER 16, 2025/R This is a digitally signed order. 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 18/09/2025 at 12:35:48