Vijay @ Shunty vs State GNCT Of Delhi

Petitioner seeks direction to respondent to release him on parole for a period of four weeks in view of sudden deterioration of health of his wife, who is required to undergo immediate surgery.

Petitioner had filed an application dated 15.05.2026, praying for parole for a period of four weeks. However, since the respondent failed to take any decision, the petitioner was compelled to approach this Court by filing a Writ Petition. Such Writ Petition was registered as W.P.(CRL) 2014/2026 and vide order dated 28.07.2026 passed by this Court, the Court deemed it appropriate to dispose of the petition, while directing the respondent Authority to decide such application within a period of two weeks from the date of receipt of the copy of the order.

Fact, however, remains that petitioner seeks parole for the reason that his wife is admitted to hospital and has to undergo surgery.

When the matter was taken up in pre-lunch session, learned ASC had appeared on advance notice. He was requested to apprise the Court about the abovesaid fact of admission of petitioner’s wife in a hospital and also about the outcome of his representation, if any.

Learned Standing Counsel submits that the representation has yet not been decided and the period of two weeks is expiring today. He also states that as per the verification made by the concerned Police Officer, the wife of petitioner is, indeed, admitted in Nova Care Hospital, Village Burari and has to undergo surgery related to her spine.

Learned counsel for petitioner claims that there is no other member in the family who can take care of the abovesaid surgery. It is also submitted that the petitioner is having a four year old daughter and since her mother is admitted in hospital, there is no one else to take care of her either.

Learned counsel for the petitioner strongly relies upon the observations appearing in Amit Shukla vs State in W.P.(CRL) 3709/2025 dated 19.02.2026, Baljeet Malik @ Poppy vs State (NCT of Delhi) in W.P. (CRL) 2168/2024 dated 04.03.2025, Lalit @ Lucky v. State of NCT of Delhi: 2025 SCC OnLine Del 6452 and prays for parole. It may also be highlighted, right here, that this Court also, while disposing W.P. (CRL) 2156/2026 on 07.08.2026 had directed release of petitioner therein on parole since the representation had not been decided by the concerned Authority within the time-frame given by the Court.

The Nominal Roll of the petitioner has already been requisitioned and, though, it records that he had an argument and physical scuffle with a co-convict on 30.03.2026 for which he was warned, there is nothing further which may dissuade this Court in granting the relief which has been prayed in the present petition.

Petitioner herein was held guilty for committing murder and his sentence was upheld by this Court in the year 2014 and by the Hon’ble Supreme Court of India in the year 2021.

After 2021, petitioner has never been granted any parole or furlough.

In Amit Shukla (supra), the petitioner had been given punishment for his conduct in jail as many as 52 times and, therefore, there was contention from the respondent-State that in view of such huge number of punishments, there was no reason for granting parole but keeping in mind the medical exigency and on humanitarian grounds, learned Coordinate Bench had granted him parole.

Keeping in mind the overall facts and circumstances of the case and taking humanitarian approach, for the reason that wife of the petitioner is to be operated upon and there is no other male member in the family, the parole is granted to him for four weeks, subject to the petitioner furnishing a personal bond in a sum of Rs.35,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent on the following terms and conditions:-

Petition stands disposed of in aforesaid terms.

Pending application also stands disposed of.

A copy of this order be also sent to Superintendent Jail for information and compliance.