Faizan Ahmad vs State Nct Of Delhi

Girish Kathpalia, J

Petitioner seeks setting aside of order dated 10.04.2026 bearing no. F.18/22/2026/HG/PRISONS/5738-40 of the competent authority; and grant of parole to enable him to file Special Leave Petition (SLP). The parole application of petitioner was rejected by the competent authority for the reason that he is a convict under POCSO Act.

Learned counsel for petitioner places reliance on the judgment dated 23.04.2026 of this court in the case of Jaswinder Singh vs State of NCT of Delhi, 2026:DHC:3375, in which under similar circumstances, I took a view that the convict cannot be compelled to avail services of jail advocate, as against his choice of a private counsel, and that visitors room in jail is not a conducive environment for an effective discussion with the counsel.

Learned ASC accepts notice and in all fairness does not object to this petition but submits that the petitioner be directed not to contact any of the prosecution witnesses in any manner whatsoever and to reside only at the address mentioned in paragraph 9 of the present petition, which address is away from the house of the prosecutrix.

Under these circumstances, the impugned order is set aside and the petition is allowed, thereby directing the petitioner to be released 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 SHO of concerned police station where he would reside 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. The petitioner shall not try to contact any of the prosecution witnesses in any manner whatsoever.

At the time of releasing the petitioner on parole, the concerned Jail Superintendent shall inform him in writing against acknowledgment the specific date on which the petitioner has to surrender back after completion of parole period.

A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.