The court balanced the petitioner's personal circumstances with the need to ensure judicial custody, safety, and the legal process, applying the relevant Delhi Prison Rules.

JUDGMENT

Anup Jairam Bhambhani, J. The petitioner, who is a convict and an undertrial in custody in Tihar Jail in Delhi inter alia in case arising from FIR No. 362/2016 registered under sections 302/120-B/34 IPC and section 27 Arms Act at P.S.: Nagar Thana, Siwan, Bihar, seeks custody parole.

2. Notice in this petition was issued on 28.09.2020; whereupon status report dated 29.10.2020 has been filed by the concerned Jail Superintendent, Central Jail, Tihar and nominal roll dated 23.11.2020 has been received from the prison authorities. A separate status report dated 05.10.2020 has also been filed by the S.H.O. P.S.: Tilak Marg, Delhi, since the petitioner's case is being overseen by that police station in Delhi.

3. At the outset, it must be noticed that the petitioner had moved the Hon'ble Supreme Court vide W.P. (CRL) No. 280/2020 seeking effectively the same relief as is sought in the present petition; which writ petition was however dismissed as withdrawn vide order dated 25.09.2020 made by the Hon'ble Supreme Court. In this regard, by its order dated 06.10.2020, this court had directed learned counsel who had appeared for the petitioner before the Hon'ble Supreme Court to file an affidavit affirming that the writ petition before the Hon'ble Supreme Court was simply withdrawn without any hearing having taken place in the matter. In compliance of that order, affidavit dated 21.10.2020 has been filed by learned counsel who had appeared before the Hon'ble Supreme Court confirming the foregoing position. It thereby stands confirmed on counsel's affidavit that the writ petition before the Hon'ble Supreme Court was withdrawn simpliciter without addressing any submissions before the Hon'ble Supreme Court.

4. Since the petitioner is serving sentence in Delhi for a case in which he was convicted by a court in Bihar and there are also several other criminal cases pending against the petitioner in that State, by order dated 06.10.2020, the State of Bihar was impleaded as party-respondent to the present petition; and notice was issued to the State of Bihar. The Inspector General, Prison and Correctional Services, Home (Prison) Department, Government of Bihar has thereupon filed counter-affidavit dated 21.10.2020, setting-out in detail their position vis-a-vis the petitioner.

Petitioner's contentions:

5. Mr. Salman Khurshid, learned senior counsel appearing for the petitioner submits that the petitioner's father passed away on 19.09.2020; and in view thereof, the petitioner wishes to spend time with his grieving mother, who is herself extremely unwell; and also to offer prayers at the grave of his late father, to attend and perform religious rites and ceremonies for the departed soul; and to spend time with his family in this time of grief.

6. A copy of Death Certificate dated 24.09.2020 issued by the Department of Planning and Development, Gram Panchayat, Pakwaliya, Bihar has been filed on record in evidence of the passing away of the petitioner's father.

7. Mr. Khurshid points-out that the petitioner was undertrial in case FIR No. 362/2016 registered at P.S.: Nagar Thana, Siwan, Bihar and has thereafter been transferred by the Hon'ble Supreme Court vidi judgment dated 15.02.2017 in Asha Ranjan vs. State of Bihar & Ors., (2017) 4 SCC 397 to be in custody at the Central Jail, Tihar, New Delhi.

8. It is further submitted that though the petitioner has been implicated in multiple criminal cases, in case FIR No. 131/2004 and FIR No. 220/2014 he was granted bail/interim bail, which he availed from 10.09.2016 to 30.09.2016 and did not misuse the liberty granted.

9. It is submitted that vidi application dated 20.09.2020 the petitioner's wife had sought parole from the Government of Bihar; and had also simultaneously moved an application dated 20.09.2020 before the Director General (Prisons) Central Jail, Tihar seeking the same relief, to enable the petitioner to attend his father's burial. However, the petitioner's father was laid to re