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Vijay Kumar @ Babloo vs. State (NCT of Delhi)

Writ Petition (Criminal) · CNR No. DLHC010498732026Decided 14 Oct 2026New Delhi Bench
W.P.(CRL) 3265/2026CNR: DLHC010498732026
Justice Sachin Datta

Background

The petitioner, serving a life sentence, applied for parole to arrange care, education and finances for his 15-year-old son after the boy lost his mother and both grandparents. The Delhi Government's Home Department rejected the parole application, citing a Prison Rules provision barring parole where a convict previously "jumped parole" (the petitioner had overstayed parole from 2021 to his re-arrest in 2024), his conduct record, and lack of a verified address.

Decision Breakdown

The Court noted the prison rule barring parole after jumping bail is not absolute: it allows parole where "special circumstances" exist. The rejection order was quashed because it failed to consider the special circumstances raised (the son's situation), ignored the petitioner's good conduct and timely surrender after a 2025 parole, and relied on an outdated address when a new, verifiable one had since been given. The Court ordered police verification of the new address within two weeks and directed prison authorities to pass a fresh, reasoned decision within four weeks.

Lesson Learnt

A blanket "poor past conduct" rejection isn't enough when prison rules require authorities to weigh special humanitarian circumstances (like a convict's dependent minor child) before refusing parole: such decisions must show genuine reasoning, not a mechanical denial.

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