Delhi High Court – Orders
Vijay Singh Alias Vijay Pehlwan vs State Of Nct Of Delhi on 9 April, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1005/2025
VIJAY SINGH ALIAS VIJAY PEHLWAN
.....Petitioner
Through: Mr. Mohit Mathur, Sr. Advocate with
Ms. Neha Kapoor and Mr. Kaushal
Mehta, Advocates.
versus
STATE OF NCT OF DELHI
.....Respondent
Through: Mr. Sanjeev Bhandari, Ld. ASC for
State with Insp. Ram Phool P.S.
Vasant Kunj (N).
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 09.04.2025
1. A Writ Petition under Article 226 of the Constitution of India read
with Section 482 Cr.P.C/Section 528 BNSS has been filed on behalf of the
Petitioner for release on Parole for a period of one month in FIR
No.127/2011 under Section 364/302/365/201/34 IPC Police Station Vasant
Kunj (North).
2. It is submitted that the Petitioner has two sons out of whom the elder
son has to get married on 24.04.2025 for which the festivities shall
commence on 15.04.2025. The Petitioner had filed an Application for
Parole on 21.02.2025 for filing of SLP before the Supreme Court of India
against his conviction and for maintaining social ties with the family and to
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fulfil his family obligations. However, till date the Application has not been
decided and hence, the present Petition has been filed for grant of Parole for
a period of one month.
3. Learned Senior Advocate for the Petitioner submits that during the
trial he had suffered jail for about 8 years. Even after his Conviction by the
learned Sessions Judge, the Appeal was preferred against the Conviction and
Sentence before this Court, which has also been decided on 19.02.2025 and
the Conviction and Sentence has been upheld.
4. It is further submitted that while the Appeal was pending, the
Petitioner was granted in all five weeks Interim Bail in all, for his medical
treatment. He never misused his liberty and surrendered on time. The four
week Parole is sought on account of marriage of his son and also for filing
of the SLP by the Petitioner.
5. Learned counsel for the State submits that the Parole Application
has been decided on 08.04.2025 and the request for Parole has been rejected
in terms of the Rule 1210 Sub Rule 1 of Delhi Prison Rules, 2018, which
requires that a Convict must have served a period of one year in prison
excluding the under trial period and any period of remission. In exceptional
cases, where the Prisoner has spent more than three years as Under Trial
Prisoner and half of the sentence of the punishment, his Parole Application
must be considered if he has spent six months imprison as convict.
6. It is, therefore submitted that there is no merit in the present Petition.
However, the Respondent shall abide by the Orders of this Court.
7. Submissions heard and record perused.
8. The rejection of the Parole Application has been done by reference to
Rule 1210 Sub Rule 1 of Delhi Prison Rules, 2018. However, this Rule
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itself provides that if a Convict has suffered more than one year of
imprisonment and has remained in custody for one year, his Application for
Parole may be considered. As has been submitted, not only the Petitioner
suffered about eight years of imprisonment as an Under Trial Prisoner, but
has spent more than one year of imprisonment as Convict. Despite there
being a specific provision to consider such Applications, it has been
mechanically rejected by the Jail Authorities.
9. It has been duly verified that the marriage of the son is on
19/20.04.2025.
10. Considering the circumstances, the Petitioner is admitted to Parole
from 15.04.2025 for a period of four weeks subject to furnishing of Personal
Bond in the sum of Rs.10,000/- with one Surety Bond in the like amount, to
the satisfaction of Jail Superintendent, subject to following conditions:
(i) The Petitioner shall not threaten the family members of the
victim;
(ii) The petitioner shall not leave NCR Region without informing
the local SHO;
(iii) The petitioner shall furnish his mobile phone/landline number
and residential address as well as that of his surety to the jail
Superintendent/SHO and both shall keep their mobile/landline
phones operational at all times during the parole period and in
the event of any change of the same, will immediately inform
the same to the Jail Superintendent/SHO; and,
(iv) The petitioner shall drop a pin location on Google Maps so that
his location is available to the Jail Superintendent/SHO.
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11. The Status Report filed today, be taken on record.
12. The Petition is accordingly disposed of.
NEENA BANSAL KRISHNA, J
APRIL 9, 2025/va
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 12/04/2025 at 02:01:14