Saurabh Sharma Vs State (Gnct of Delhi) — Delhi HC (2025) — LawSathi Research

Saurabh Sharma Vs State (Gnct of Delhi) — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Period from 10th June, 2020 to 14th March, 2021 deemed to be emergency parole and included in the period of sentence; Jail Superintendent directed to make necessary amendment/correction in the Nominal Roll; copy of the order to be sent to the concerned Jail Superintendent for information and compliance; petition disposed of.

Issue for consideration

Whether the period between 10th June, 2020 and 14th March, 2021 spent on emergency parole during the COVID-19 pandemic is to be counted towards the petitioner's sentence, in view of the emergent circumstances created by the pandemic and the HPC notification dated 27th March, 2020.

Court's answer

The emergency parole period granted on account of the COVID-19 pandemic is to be counted towards the total period of sentence, as held by a coordinate Bench of this Court in W.P.(CRL.) 2162/2021 (decided 7th January, 2025), with a similar view in W.P.(CRL.) 2223/2025.

Ratio / Principle

The period from 10th June, 2020 to 14th March, 2021 is deemed to be a period of emergency parole and is liable to be excluded in terms of the notification issued by the NCT of Delhi; accordingly, the said period stands included in the period of sentence.

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J., order dated 08.12.2025) allowed the petition of a life convict (FIR No. 88/2007, Sections 120B/364A/34 IPC, P.S. Palam Airport) who had been released on emergency parole from 10th June, 2020 to 14th March, 2021 pursuant to the State's COVID-19 order dated 27th March, 2020 and HPC directions. Holding that the issue stood squarely covered by a coordinate Bench decision in W.P.(CRL.) 2162/2021 (decided 07.01.2025), with a similar view in W.P.(CRL.) 2223/2025, the Court deemed the said period to be emergency parole liable to be excluded in terms of the NCT of Delhi notification and directed that it stand included in the period of sentence. The Jail Superintendent was directed to amend/correct the Nominal Roll. Petition disposed of.

$~86

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 4060/2025 & RL.M.A. 36469/2025

SAURABH SHARMA .....Petitioner

Through: Ms. Tanya Agarwal, Mr. Krishna Kumar Keshav & Mr. Gaurav Kumar, Advs.

versus

STATE (GNCT OF DELHI) .....Respondent Through: Mr. Yasir Rauf Ansari, ASC for the State with Mr. Alok Sharma, Adv. SI Madan Lal, P.S. Domestic Airport.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 08.12.2025

The Petitioner is a life convict in FIR No. 88/2007 registered under Sections 120B/364A/34 IPC at P.S. Palam Airport.

The Petitioner was granted emergency parole by this Court vide order dated 8^th June, 2020 in W.P.(CRL.) 828/2020 and was released on 10^th June, 2020. In view of the COVID-19 pandemic and in the larger interest of prisoners and public health, the State issued an order dated 27^th March, 2020 directing release of all eligible convicts on emergency parole for eight weeks, which was thereafter periodically extended to prevent overcrowding in prisons.

The Petitioner surrendered on 14^th March, 2021 pursuant to the

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 10/12/2025 at 13:54:46

directions of the High Powered Committee¹ and without any adverse report during the parole period.

The Petitioner’s limited grievance is that the period between 10^th June, 2020 and 14^th March, 2021 be counted towards his sentence, in view of the emergent circumstances created by the COVID-19 pandemic and the notification of the HPC dated 27^th March, 2020.

The issue raised stands squarely covered by the order of a coordinate Bench of this Court in W.P.(CRL.) 2162/2021 , decided on 7^th January, 2025, wherein it was held that the emergency parole period granted on account of the pandemic is to be counted towards the total period of sentence. A similar view has also been taken by this Court in W.P.(CRL.) 2223/2025 .

In view of the settled position, the petition is allowed. The period from 10^th June, 2020 to 14^th March, 2021 shall be deemed to be as period of emergency parole and is liable to be excluded in terms of the notification issued by the NCT of Delhi.

The said period would accordingly stands included in the period of sentence.

The Jail Superintendent shall make the necessary amendment/correction in their Nominal Roll.

Copy of the order be sent to the concerned Jail Superintendent for information and compliance.

The petition is disposed of.

SANJEEV NARULA, J

DECEMBER 8, 2025/ ng

1 “HPC”

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 10/12/2025 at 13:54:46