$~37 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4032/2025 & CRL.M.A. 36228/2025 RAJNI .....Petitioner Through: Mr. Rohit Singh, Mrs. Supriya and Mr. Prashant Vaibahav, Advs.

versus THE STATE GOVT NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel for State with Mr. Priyam Aggarwal, Adv.

IO/SI Kunal, PS Bindapur in person + W.P.(CRL) 4033/2025 & CRL.M.A. 36229/2025 HIRA LAL .....Petitioner Through: Mr. Rohit Singh, Mrs. Supriya and Mr. Prashant Vaibahav, Advs.

versus THE STATE GOVT NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel for State with Mr. Priyam Aggarwal, Adv.

IO/SI Kunal, PS Bindapur in person CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 05.12.2025

1. The present petitions have been filed by the petitioners, Rajni and Hira Lal, seeking grant of emergency parole for a period of 14 days to enable them to attend the bereavement ceremonies of late Shri Chajju Lal, who was the father-in-law of petitioner Rajni and father of petitioner Hira Lal.

2. Learned Counsel for the petitioners submits that late Shri Chajju Lal passed away on 25.11.2025 at around 7 PM due to natural causes, and his final rites were performed on 26.11.2025. It is submitted that the petitioners, being immediate family members of the deceased, are required to participate in the post-death rituals, which are of significant religious and cultural importance.

3. It is further submitted that the petitioners have already approached the Competent Authority by way of an application through email, for emergency parole on 02.12.2025.

4. Mr. Sanjay Lao, learned Standing Counsel for the State, opposes the petitions on the ground that both petitioners stand convicted, and their criminal appeals before this Court were dismissed vide judgment dated

16.09.2024.

5. Learned Standing Counsel has also placed on record a status report in compliance with the order dated 04.12.2025 verifying the factum of death of late Shri Chajju Lal.

6. Heard learned counsel for the parties and perused the material on record. The status report confirms that Shri Chajju Lal has expired and that the bereavement ceremony (Tehrawi) is scheduled to be held on 08.12.2025.

Verification to this effect has been duly completed by the State.

7. This Court is conscious of the fact that death-related ceremonies form an inseparable and culturally integral part of the last rites in the society. It is well settled that parole is a humanitarian measure intended to allow a convict to maintain family and social ties and to discharge essential obligations. The right to perform the last rites of a parent is a recognised moral, cultural, and religious duty, and refusal to permit a convict to fulfil such obligations may, in appropriate circumstances, amount to a violation of the right to dignity under Article 21 of the Constitution of India.

8. In view of the aforesaid, the present writ petitions are hereby allowed, and the petitioners are granted emergency parole. Accordingly, it is directed that the petitioners be released on parole for a period of 10 days from the date of their release, subject to the following conditions:

i. The petitioners shall furnish personal bonds of ₹50,000/- with two solvent sureties of like amount each, to the satisfaction of the Jail Superintendent.

ii. The petitioners shall reside only at the address provided to the Jail Superintendent and shall not leave the jurisdiction of the concerned Police Station without prior intimation;

iii. The petitioners shall provide their phone numbers to the Jail Superintendent and to the Investigating Officer and shall ensure that it remains operational at all times;

iv. The petitioners shall not directly/indirectly attempt to influence witnesses or tamper with the evidence and shall not indulge in any criminal activity;

v. The Jail Superintendent shall handover a chit to the petitioners containing the exact date of their surrender to avoid any miscommunication. The petitioners shall surrender immediately