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Rajnish vs. State of NCT of Delhi & Anr.

Writ Petition (Criminal) · 2026:DHC:7433Decided 2 Sept 2026New Delhi Bench
W.P.(CRL) 2656/2026CNR: DLHC010410802026
Justice Girish Kathpalia

Background

A prisoner convicted under the POCSO Act sought parole to personally attend to filing a Special Leave Petition before the Supreme Court. His request was refused by jail authorities under a Delhi Prisons Rule that specifically restricts parole for POCSO convicts unless special circumstances justify an exception.

Decision Breakdown

As in a companion case decided the same day, the State's counsel did not oppose the petition, pointing to the same existing precedent (Jaswinder Singh v. State of NCT of Delhi) addressing this situation. The Court set aside the refusal and directed the petitioner's release on four weeks' parole, subject to a personal bond and surety, a requirement to remain reachable by phone to the local police, and an obligation to submit a copy of the filed SLP to the jail superintendent upon surrender, with no possibility of extension.

Lesson Learnt

Even the stricter parole restrictions that apply to POCSO convicts can give way in "special circumstances" recognised by courts, such as the narrow, practical need to personally arrange the filing of a Supreme Court appeal, when adequate safeguards are built into the release conditions.

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