Shamshad Alias Khutkan Vs State of NCT Delhi — Delhi HC (2025) — LawSathi Research

Shamshad Alias Khutkan Vs State of NCT Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Emergency parole granted for ten days from the date of release, subject to personal bond of INR 10,000/- with one surety of the like amount and conditions of weekly Monday reporting to SHO(s), keeping telephone operational, and surrender at expiry; copy of order to be communicated to the concerned Jail Superintendent.

Issue for consideration

Whether the Petitioner, a convict serving life sentence, is entitled to emergency parole on account of a medical emergency concerning his spouse, who is scheduled to undergo surgery.

Court's answer

Taking into account the verified medical records, the rescheduled surgery dated 11th October, 2025, the hospital certificate indicating deferral due to absence of a responsible attendant or guardian, and the composition of the Petitioner's immediate family, the Court found merit in the request and granted parole, by way of an exceptional measure, for a period of ten days from the date of release.

Ratio / Principle

Release was made subject to the Petitioner furnishing a personal bond of INR 10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent, and further subject to conditions: reporting to the concerned SHO(s) once a week every Monday during parole, furnishing and keeping operational a telephone number, and surrendering before the Jail Authorities at the expiry of the parole period.

Detailed headnote1 paragraphs

Parole — Emergency parole granted to a life convict (FIR No. 248/2010, P.S. Dhaula Kuan, Sections 376(2)(G)/365/506/34 IPC) on account of medical emergency of his spouse scheduled to undergo surgery on 11.10.2025, which had been deferred due to absence of a responsible attendant or guardian — Parole granted as an exceptional measure for ten days from the date of release — Release subject to personal bond of INR 10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent — Conditions imposed: weekly reporting to SHO(s) every Monday, furnishing and keeping operational a telephone number, and surrender before Jail Authorities on expiry of parole — Petition disposed of accordingly.

$~83

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 3212/2025

SHAMSHAD ALIAS KHUTKAN .....Petitioner

Through: Mr. Piyush Pahuja, Mr. Upender Kumar and Mr. Tushar Yadav, Advocates.

versus

STATE OF NCT OF DELHI ....Respondent Through: Mr. Sanjay Lao, SC for State with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryam Sachdeva, Advocates.

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

%

08.10.2025

The Petitioner is a convict, serving life sentence in FIR No. 248/2010, registered at P.S. Dhaula Kuan for the offences under Sections 376(2)(G)/365/506/34 of the Indian Penal Code, 1860.

The Petitioner seeks emergency parole on account of a medical emergency concerning his spouse, who is scheduled to undergo surgery. The medical records have been duly verified, and as per the status report, the surgery has now been rescheduled for 11^th October, 2025. The certificate issued by the hospital indicates that the surgery was deferred due to the absence of a responsible attendant or guardian.

In view of the above, and taking into account the status report which states that the Petitioner’s immediate family comprises his wife, aged

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:39:09

mother, and minor children, this Court finds merit in the request. Accordingly, the Petitioner is granted parole, by way of an exceptional measure, for a period of ten days from the date of his release. The release shall be subject to the Petitioner furnishing a personal bond in the sum of INR 10,000/- with one surety of the like amount, to the satisfaction of the concerned Jail Superintendent, and further subject to the following conditions:

(i) The Petitioner shall report to the concerned SHO(s) once a week on every Monday during the period of parole.

(ii) The Petitioner shall furnish his telephone number to the SHO(s) concerned, which the Petitioner will keep operational at all times.

(iii) The Petitioner shall surrender before the Jail Authorities at the expiry of the period of parole.

The petition is disposed of in the above terms.

A copy of the order be communicated to the concerned Jail Superintendent for information and necessary compliance.

SANJEEV NARULA, J

OCTOBER 8, 2025 nk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:39:09