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Aman@Sonu vs. State (NCT of Delhi)

Writ Petition (Criminal) · 2026:DHC:8323Decided 25 Sept 2026New Delhi Bench
W.P.(CRL) 3013/2026CNR: DLHC010461492026
Justice Girish Kathpalia

Background

The petitioner, convicted in a case under Sections 366/376D/376(2)(N)/34 IPC, sought eight weeks' parole, claiming he had posted a parole application in August 2026 that the jail authorities had not decided. The State disputed this, producing a tracking report showing the envelope bore an incomplete address and pointing out inconsistencies suggesting the application (and its thumb impression) may have been fabricated.

Decision Breakdown

The Court noted that the petitioner was allegedly on furlough at the time he claimed to have posted the application, meaning he could have signed it rather than thumb-marking it, and that there was no explanation for not simply handing the application to the Jail Superintendent in person. It also observed the petition was supported only by a friend's affidavit rather than a close relative's. Concluding it was unclear whether the petitioner had genuinely applied for parole through the competent authority at all, the Court dismissed the petition.

Lesson Learnt

A parole claim must be backed by a genuine, verifiable application to the competent jail authority: courts will scrutinise irregularities like an incomplete address, an unexplained thumb mark, or reliance on a mere friend's affidavit rather than close family.

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