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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 107/2026

DANISH .....Petitioner

Through: Mr. Shiv Chopra, Mr. Shravan

Pandey, Ms. Surbhi Arora and Ms.

Shivani Kaushik, Advocates.

versus

STATE OF NCT OF DELHI .....Respondent

Through: Mr. Rahul Tyagi, ASC with SI

Sangeet Malik, PS-Bindapur.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.01.2026

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 (BNSS), the petitioner seeks issuance of a Writ in the nature of Certiorari for quashing of rejection order No. F.18/105/2025/HG/PRISONS/3983 dated 22.12.2025 passed by the respondent and issuance of a Writ in the nature of Mandamus directing the respondent to release the petitioner on parole for a period of eight weeks; primarily on the ground of filing Special Leave Petition (SLP) before the Hon’ble Supreme Court against the judgment dated 22.09.2025, passed by

this Court in Criminal Appeal No.858/2024.

2. Learned counsel for the petitioner submits that the Competent Authority, after considering the provisions contained under Rule 1211 sub-rule (vii) of the Delhi Prison Rules, 2018, rejected the petitioner’s

application for parole vide order dated 22.12.2025 on the ground that the petitioner had been found guilty of an offence punishable under the provisions of the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act).

3. Learned counsel for the petitioner further submits that this Court, vide order dated 22.09.2025, dismissed the Criminal Appeal No.858/2024 filed by the petitioner and upheld the order of conviction dated 03.02.2024 and the order on sentence dated 21.03.2024 passed by the learned ASJ-0l (POCSO Act) South West District, Dwarka Courts, New Delhi, in Session Case No. 440245/2016 arising out of FIR No.1434/2014 registered under Sections 376/366 of the Indian Penal Code, 1860 (IPC) read with Section 6 of the POCSO Act at PS.: Bindapur, Delhi. Being aggrieved by the aforesaid order, the petitioner intends to prefer a Special Leave Petition before the Hon’ble Supreme Court and, to that end, prays that this Court may be pleased to grant him parole for a period of eight weeks, so as to enable him to engage and consult a counsel of his choice. Reliance is placed upon orders dated 12.11.2025 in W.P. (Crl) No.3419/2025 entitled ‘Mohd. Iqbal vs. State of NCT of Delhi’ and dated 01.07.2020 in W.P. (Crl) No. 873/2020 entitled ‘Sanjay vs. The State of NCT of Delhi passed by this Court, wherein the petitioner(s), despite being convicted under the POCSO Act, have been granted parole.

4. Issue notice.

5. Learned ASC for the State accepts notice and, in view of the decision of this Court in Mohd. Iqbal (supra), submits that he has no objection if the petitioner is granted parole for a period of four weeks.

6. In view of the aforesaid submissions as well as the grounds on which parole has been sought, this Court considers the present a fit case to release the petitioner on parole to enable him to file a Special Leave Petition (SLP) before the Hon’ble Supreme Court against the judgment dated 22.09.2025 in Criminal Appeal 858/2024.

7. Accordingly, the petitioner, convicted in FIR No.1434/2014 registered under Sections 376/366 of the Indian Penal Code, 1860 (IPC read with Section 6 of the POCSO Act at PS.: Bindapur, Delhi is 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.10,000/- (Rupees Ten 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 report to the SHO, Police Station Bindapur, Delhi on every Saturday.

ii. The petitioner shall also provide the Station House Officer (SHO), PS.: Bindapur, Delhi, with a mobile telephone number which shall be kept in working conditio