$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2172/2026 KRISHAN .....Petitioner Through: Mr. Chetan Bhardwaj, Mr. Priyal Bhardwaj, Advs. versus STATE GNCT OF DELHI .....Respondent Through: Mr. Amol Sinha, ASC with Mr. Kshitiz Garg, Mr. Nitish Dhawan, Ms. Chavi Lazarus and Mr. Anshul Sharma, Advs. SI- Krishan Kumar, PS: Bawana CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 24.07.2026 1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks issuance of a writ of certiorari quashing the order no.F.18/13/2026/HG/PRISONS/7078-80 dated 16.07.2026 passed by the Competent Authority rejecting the application seeking parole filed by the petitioner, as also a writ of mandamus directing the respondent to release the petitioner on parole for a period of four weeks to arrange funds and engage a counsel of his choice for filing a Special Leave Petition (SLP) before the Hon’ble Supreme Court against the order dated 24.03.2026 passed by this Court. 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 27/07/2026 at 15:44:56 2. Succinctly put, the petitioner was convicted for offences under Sections 377/34 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs.20,000/- by the learned ASJ, Special FTSC (POCSO), North District, Rohini Courts, Delhi in SC No.407/2018 in proceedings arising out of FIR No.257/2017 at PS: Bawana. The appeal preferred by the petitioner against the same being Crl. Appeal No.47/2025 was partly allowed by this Court on 24.03.2026. Aggrieved thereby, the petitioner wishes to file an SLP before the Hon’ble Supreme Court as also to engage a counsel of his choice and arrange financial resources required therefor, and for the said purpose, he made an application before the Competent Authority seeking grant of parole for a period of four weeks, which was rejected since the petitioner is a convict under the POCSO Act. 3. Learned counsel for the petitioner submits that though the petitioner has a fundamental right to file an appeal before the Hon’ble Supreme Court as also to be represented by a counsel of his choice under the Constitution of India, which has also been repeatedly upheld by a catena of pronouncement by this Court, the same has been hampered by the rejection of his application seeking parole. He further submits that the petitioner has already undergone seven years out of the ten years of rigorous imprisonment imposed upon him, as also his conduct while in custody has been satisfactory. 4. Learned ASC submits that he has no objection if the present petition is allowed and the petitioner is released on parole. 5. Since this Court is agreeable with the contentions raised by learned 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 27/07/2026 at 15:44:56 counsel for the petitioner, as also since this Court has repeatedly granted the very same relief to similarly situated convicts for the purposes of filing an SLP (Neeraj Bhatt v. State (NCT of Delhi) [2023 SCC OnLine Del 32], Sunil Sharma v. the State NCT of Delhi [W.P.(Crl.) 2924/2025, decided on 13.10.2025], Bhola Sharma v. State of NCT of Delhi [2026 SCC OnLine Del 622], Armaan Alam vs. State of NCT of Delhi in W.P.(CRL) 224/2026 passed on 19.02.2026), this is a fit case for granting parole to the petitioner. 6. 6. Accordingly, the petitioner, convicted and sentenced under Sections 377/34 IPC and Section 6 POCSO Act by the learned ASJ, Special FTSC (POCSO), North District, Rohini Courts, Delhi in proceedings arising out of FIR No.257/2017 registered at PS: Bawana is directed to be released on parole for a period of four weeks from the date of his release, subject to him furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the Jail Superintendent, and further subject to the following conditions:- i. During the period the petitioner remains out on parole, the petitioner shall not leave NCT of Delhi and shall ordinarily reside at his verified address as per the prison records, and if the petitioner wishes to reside at any other address, he shall intimate the same to the SHO, PS: Bawana within three days through an affidavit. ii. The petitioner shall report to the SHO, PS: Bawana on every Saturday at 12:00 Noon. iii. The petitioner shall also provide the SHO, PS: Bawana with all his telephone number(s) which shall be kept in working condition at all times. 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 27/07/2026 at 15:44:56 iv. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/ victim/ survivor or any member of the complainant/ victim/ survivor’s family or tamper with the evidence of the case. v. The petitioner is directed to surrender before the Jail Authorities on the date of expiry of the period of parole at or before 04:00 PM. 7. Accordingly, the present petition is disposed of in the aforesaid terms. 8. Copy of the present order be sent to the concerned Jail Superintendent for information and necessary compliance forthwith. SAURABH BANERJEE, J JULY 24, 2026/Ab 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 27/07/2026 at 15:44:56