Extracted from the PDF above. The PDF is authoritative.
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1483/2026 & CRL.M.A. 14366/2026 ANWAR HUSSAIN
.....Petitioner Through: Mr. Shannu Baghel, Mr. Gorang Goyal and Mr. Vivek Kumar, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC for the State.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R %
30.07.2026
1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a writ of certiorari for quashing of order No. F.18/18/2026/HG/4970 dated 17.02.2026, passed by the respondent, whereby the petitioner’s application seeking release on parole came to be rejected, and a writ of mandamus directing the respondent to release the petitioner on parole to enable him to file a Special Leave Petition (“SLP”) before the Supreme Court and to consult his counsel of choice.
2. The petitioner stands convicted, vide judgment dated 31.01.2025 and
order on sentence dated 05.07.2025 passed by the Additional Sessions Judge (POCSO), New Delhi District, Patiala House Courts, in case arising out of FIR No. 368/2015, registered at Police Station: Sagar Pur, Delhi, for offences punishable under Sections 6, 8 and 12 of the Protection of Children 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 01/08/2026 at 11:39:46
from Sexual Offences Act, 2012 (“POCSO Act”). The petitioner’s appeal against conviction, being CRL.A. 1004/2025, was dismissed by this Court vide judgment dated 19.12.2025, thereby upholding his conviction and sentence.
3. The petitioner’s application seeking parole was rejected by the respondent vide the impugned order dated 17.02.2026, relying upon Rule 1210(I) of the Delhi Prison Rules, 2018, which stipulates that a convict must have served at least one year of imprisonment, excluding the under trial period and any period covered by remission, in order to be eligible for release on parole.
4. Rule 1210(I) further provides that in exceptional cases, where the prisoner has spent more than three years as an undertrial or half of the sentence awarded as an undertrial, his application for parole may be considered if he has, in any event, spent at least six months in prison as a convict.
5. In the instant case, the petitioner was convicted and sentenced, on 05.07.2025, and the one year period contemplated under Rule 1210(I) expired on 05.07.2026. The impugned order, however, was passed on 17.02.2026, on which date the petitioner had not completed one year in custody as a convict. It is for this reason that the petitioner’s application came to be rejected.
6.
Learned counsel appearing for the petitioner submits that, as of today, the petitioner has completed more than one year of imprisonment as a convict and, therefore, the disqualification on the basis of which the impugned order was passed no longer subsists and he stands entitled to be considered for parole. 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 01/08/2026 at 11:39:46
7. Bearing in mind the fact that the petitioner’s appeal was dismissed by this Court on 19.12.2025, he intends to file a SLP before the Supreme Court, and seeks to avail the assistance of a counsel of his choice. For the said purpose, this Court deems it appropriate to direct that the petitioner be released on parole for a period of four weeks from the date of his actual release, on such terms and conditions as may be imposed by the concerned Competent Authority.
8. The writ petition, along with the pending application, stands disposed of in the above terms.
9. A copy of the order be sent to the concerned jail Superintendent.
PURUSHAINDRA KUMAR KAURAV, J JULY 30, 2026/p/nk 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 01/08/2026 at 11:39:46