$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 71/2025 SHRI GOPAL @ MANI GOPAL .....Petitioner Through: Mr. Siddharth Yadav, Adv. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R % 16.01.2025 1. The present writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) has been filed on behalf of the petitioner, seeking parole for a period of 60 days on the ground of death of his mother. 2. The petitioner is presently confined in Central Jail, Tihar, New Delhi. The petitioner was awarded death penalty vide order dated 27.05.2009 passed by the learned Additional Sessions Judge, Delhi for offence under Sections 302/307 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and Sections 25/27 Arms Act in FIR No.98/2003 registered at Police Station Sabzi Mandi, Delhi. However, by virtue of judgment dated 31.08.2009, the sentence was of the petitioner was modified and he was sentenced to undergo rigorous imprisonment for life. 3. The learned counsel for petitioner argues that the petitioner is 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 24/01/2025 at 15:37:03 undergoing sentence of life imprisonment, and had already undergone imprisonment of about 11 years. The learned counsel submits that the there is no previous involvement of the petitioner in any criminal case. It is stated that earlier also, the petitioner was granted parole for a period of four weeks by this Court vide order dated 01.20.2024 in W.P.(C) No. 2641/2024 and he had surrendered before the jail authorities on expiry of the parole period. It is stated the mother of the petitioner has passed away on 08.01.2025 and tehrvi is scheduled for 20.01.2025. Further, shuddhi pooja is also to be held on 08.02.2025. A photocopy of the cremation receipt has also been annexed with petition. Therefore, it is prayed that the petitioner be granted parole. 4. The learned Additional Standing Counsel for the State submits that the factum of death of the mother of petitioner has been verified. 5. This Court has heard arguments of the learned counsel for both the parties and has perused the record. 6. The petitioner herein has remained incarcerated for about 11 years. As per records, the jail conduct of the petitioner is satisfactory. Considering the fact that the mother of petitioner has passed away on 08.01.2025, and though some of the rituals connected to the unfortunate demise of the mother of petitioner have concluded, the petitioner needs to meet his family and remain present at the tehrvi and shuddhi pooja which are scheduled for 20.01.2025 and 08.02.2025 respectively, this Court is inclined to grant parole to the petitioner for a period of four (04) weeks from the date of his release, subject to following conditions: i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to 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 24/01/2025 at 15:37:03 satisfaction of the Jail Superintendent concerned. ii. The petitioner shall furnish the address where he shall reside during the period of parole to the Jail Superintendent, as well as the details of local Police Station in that area. iii. 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 parole. iv. 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. v. Immediately upon the expiry of period of parole, the petitioner shall surrender before the Jail Superintendent. 7. Accordingly, the present petition stands disposed of, in above terms. 8. A copy of this order be sent by the Registry to the Jail Superintendent for information. 9. The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 16, 2025/A Click here to check corrigendum, if any 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 24/01/2025 at 15:37:03