The Delhi High Court on September 25, 2025 heard a petition which sought an emergency parole from an ongoing conviction. Justice Ravinder Dudeja allowed the petition on humanitarian grounds stating that performing the last rites of a parent is a fundamental religious and moral duty protected under Article 21 of the Constitution.
The case arose when and FIR was filed against the petitioner under Sections 376,354B and 506 of IPC for rape, criminal force to a woman, criminal intimidation coupled with Section 66E of IT act for violation of privacy by capturing, publishing, or transmitting images of a private area of a person without consent. Following this, the petitioner was sentenced to 14 years of rigorous imprisonment with a fine of Rs. 50,000 for rape, 5 years of rigorous imprisonment with Rs. 10,000 fine for criminal force to a woman, 2 years of rigorous imprisonment with Rs. 10,000 fine for criminal intimidation, and 3 years of rigorous imprisonment with Rs. 1,00,000 fine for Section 66E of the IT Act, with all sentences to run simultaneously. After serving approximately one year and nine months of his sentence, the petitioner sought emergency parole to perform the last rites of his deceased father, who passed away on 16.09.2025, with the final rites scheduled for 26.09.2025. Since the petitioner’s conduct in jail had been satisfactory, and he had not previously been out on any parole, he sought parole for two months. However, the prosecution argued that according to the Delhi Prison Rules, 2018, parole can be given to a maximum of four weeks only.
The Court considering these humanitarian grounds, granted the petitioner parole for four weeks, subject to conditions including furnishing a personal bond of Rs.20,000/- with surety, residing at the specified address mentioned in memo of parties, reporting weekly to the SHO, keeping his mobile operational, refraining from influencing witnesses or engaging in any criminal activity, and surrendering to the Jail Superintendent immediately at the end of the parole period. The Court further stated that any breach of these conditions would result in cancellation of the parole and disposed of the petition, directing that a copy of the order be sent to the concerned Jail Superintendent for compliance.
Appearances:
For the Petitoner- Advs. Mr. Rajbir Singh Bal and Ms. Sanstuti Mishra
For the Respondents- Advs. Mr. Amol Sinha, ASC SI Rakesh, P.S. Kanjhawala.
