$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010465222026 + W.P.(CRL) 3039/2026 RADHEY SHYAM .....Petitioner Through: Ms. Anushkaa Arora, Ms. Arushi, Ms. Shruti, Advs. (DHCLSC) versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Anand V. Khatri (ASC/ Criminal) CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 29.09.2026 O R D E R 1. The petitioner herein seeks emergency parole of two weeks on account of his mother’s death on 15.09.2026. He wishes to participate in the last rites of his mother, scheduled to take place on 01.10.2026, to ensure that proper arrangements are made for the same. 2. It is submitted that the petitioner is under imprisonment for the offence committed under Section 302 IPC, 1860 in FIR No. 34/2006 registered at P.S. Tilak Nagar. The nominal roll records incarceration of more than 20 years. The death has been verified by the local police. 3. The petitioner received parole for 08 hours on 16.09.2026 for the cremation. The present request concerns the subsequent rites at his native village. The address of the native place has also been verified by the local police. 4. This Court is required to weigh the family need against the risk involved in temporary release. In Asfaq v. State of Rajasthan (2017) 15 SCC 55 it has been observed by the Supreme Court as under:- 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 05/10/2026 at 11:34:45 “11. There is a subtle distinction between parole and furlough. A parole can be defined as conditional release of prisoners i.e. an early release of a prisoner, conditional on good behaviour and regular reporting to the authorities for a set period of time. It can also be defined as a form of conditional pardon by which the convict is released before the expiration of his term. Thus, the parole is granted for good behaviour on the condition that parolee regularly reports to a supervising officer for a specified period. Such a release of the prisoner on parole can also be temporarily on some basic grounds. In that eventuality, it is to be treated as mere suspension of the sentence for time being, keeping the quantum of sentence intact. Release on parole is designed to afford some relief to the prisoners in certain specified exigencies. Such paroles are normally granted in certain situations some of which may be as follows: (i) a member of the prisoner's family has died or is seriously ill or the prisoner himself is seriously ill; or (ii) the marriage of the prisoner himself, his son, daughter, grandson, granddaughter, brother, sister, sister's son or daughter is to be celebrated; or (iii) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation of his land or his father's undivided land actually in possession of the prisoner; or (iv) it is desirable to do so for any other sufficient cause; (v) parole can be granted only after a portion of sentence is already served; (vi) if conditions of parole are not abided by the parolee he may be returned to serve his sentence in prison, such conditions may be such as those of committing a new offence; and (vii) parole may also be granted on the basis of aspects related to health of convict himself. *** 15. A convict, literally speaking, must remain in jail for the period of sentence or for rest of his life in case he is a life convict. It is in this context that his release from jail for a short period has to be considered as an opportunity afforded to him not only to solve his personal and family problems but also to maintain his links with society. Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment. *** 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 05/10/2026 at 11:34:45 17. From the aforesaid discussion, it follows that amongst the various grounds on which parole can be granted, the most important ground, which stands out, is that a prisoner should be allowed to maintain family and social ties. For this purpose, he has to come out for some time so that he is able to maintain his family and social contact. This reason finds justification in one of the objectives behind sentence and punishment, namely, reformation of the convict. The theory of criminology, which is largely accepted, underlines that the main objectives which a State intends to achieve by punishing the culprit are: deterrence, prevention, retribution and reformation. When we recognise reformation as one of the objectives, it provides justification for letting of even the life convicts for short periods, on parole, in order to afford opportunities to such convicts not only to solve their personal and family problems but also to maintain their links with the society. Another objective which this theory underlines is that even such convicts have right to breathe fresh air, albeit for (sic short) periods. These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed for the good of the society and, therefore, are in public interest.” 5. The present family need is specific and verified and is occasioned on account of death of the mother of the petitioner. 6. Considering the circumstances, the present petition is allowed. 7. Having regard to the urgency, the petitioner may be released on personal bond without any surety. 8. During the parole, the petitioner shall stay at the address as provided by him to the concerned Jail Superintendent. The petitioner shall also furnish a Mobile Number to the Jail Superintendent and to the SHO P.S. Dhamour, in Sultan Pur District, Uttar Pradesh. 9. It is directed that the petitioner shall keep the phone switched on and remain reachable throughout the parole. 10. The petitioner shall surrender before the Jail Superintendent on expiry of 14 days from his release. If he fails to do so, the concerned Jail Superintendent shall take immediate steps to secure his arrest and the default 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 05/10/2026 at 11:34:45 shall be recorded against him for all purposes. 11. Let a copy of this order be communicated to the Jail Superintendent through learned counsel for the respondent and also through the petitioner. 12. The petition is disposed of in the above terms. SACHIN DATTA, J SEPTEMBER 29, 2026/uk 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 05/10/2026 at 11:34:45