Jaswinder Singh vs State Of Nct Of Delhi
- Court
- Delhi High Court
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.04.2026
+ W.P.(CRL) 23/2026
JASWINDER SINGH .....Petitioner
Through: Mr. Sumer Singh Boparai and Mr.
Abhilash Kr. Pathak, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Abhijeet Kumar, Advocate with
W/SI Radha, PS Uttam Nagar and SI
Satish Kumar, PS Raj Park.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. Petitioner seeks quashing of order no. F.18/90/2025/HG/PRISONS/
3735 dated 05.12.2025 and seeks parole for a period of two months in case
FIR No. 703/2019 of PS Raj Park for offence under Section 5(m)(n)(p) and
Section 6 of POCSO Act.
2. Broadly speaking, the petitioner, having suffered incarceration for the
past six years out of the total period of twenty years of rigorous
imprisonment awarded to him, applied for parole on the ground that he has
to file Special Leave Petition (SLP) against upholding of his conviction and
W.P.(CRL) 23/2026 Page 1 of 4 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3
962c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b4
0f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.04.22 17:25:55 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:23.04.2026
17:31:23
Signature Not Verified
sentence. The competent authority rejected the parole request by way of the
impugned order on the ground that being a POCSO convict, the petitioner
cannot be granted parole in view of Rule 1211(VII) of the Delhi Prison
Rules.
3. Learned counsel for petitioner submits that the provision under Rule
1211(VII) of the Delhi Prison Rules has to be read in the light of Rule
1208(viii) in the sense that the ground to file SLP is an exception carved out
of the general rule which prohibits grant of parole to a POCSO convict. In
this regard, learned counsel for petitioner has referred to various orders of
coordinate benches of this Court.
4. On the other hand, learned counsel appearing on behalf of ASC
opposes the present petition on the ground that the local police of Aligarh,
where the petitioner resides, has objected to the grant of parole. It is also
contended that the SLP can always be filed by the petitioner through legal
aid counsel in jail or through a private counsel, who can visit the jail to take
instructions from the petitioner.
5. So far as the report of local police of Aligarh is concerned, having
examined the same, I find the same to be completely mechanical, to say the
least. The only submission of the local police is that if released on parole,
the petitioner could flee. But no reasons behind this apprehension have been
laid out.
W.P.(CRL) 23/2026 Page 2 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.22 17:25:43 -07'00'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:23.04.2026
17:31:23
6. Of course the SLP can be filed by the prisoner through legal aid
counsel, but in order to ensure right to be effectively heard, the right of the
prisoner to choose his private counsel cannot be denied to him. Similarly, no
doubt the private counsel can take instructions from the petitioner by visiting
the jail, but in order to ensure effective communication between the prisoner
and his counsel, visitor’s room in jail is not a conducive environment.
7. In view of above discussion and in order to ensure that the petitioner
is not deprived of a right to be effectively heard by the Supreme Court, grant
of parole cannot be denied to him.
8. Therefore, the impugned order is set aside, thereby directing the
release of the petitioner on parole for a period of four weeks subject to his
furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the
like amount to the satisfaction of the concerned Jail Superintendent; and also
subject to the condition that he shall furnish his mobile phone number and
other details to the local police of Aligarh where he resides and shall remain
accessible by keeping his mobile phone switched on; and also subject to the
condition that the petitioner shall furnish a copy of his SLP to the Jail
Superintendent at the time of his surrender after the completion of parole
period. It is made clear that no extension of parole shall be allowed on any
ground whatsoever.
9. At the time of releasing the petitioner on parole, the concerned Jail
Superintendent shall inform him in writing against acknowledgment the
W.P.(CRL) 23/2026 Page 3 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.22 17:25:29 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:23.04.2026
17:31:23
GIRISH
KATHPALIA
Signature Not Verified
specific date on which the petitioner has to surrender back after completion
of parole period.
10. Copy of this order be sent to the concerned Jail Superintendent for
compliance.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.04.22 17:25:18 -07'00'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
APRIL 23, 2026/ dr
W.P.(CRL) 23/2026 Page 4 of 4 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:23.04.2026
17:31:23