Disposed¶26

Shri Gopal @ Mani Gopal v. State (Nct of Delhi)

Parole – Life convict

Delhi HC16 Jan 2025W.P.(CRL)/71/2025

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Case brief

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What is this about?

Delhi High Court, W.P.(CRL) 71/2025, decided 16.01.2025 by Justice Swarana Kanta Sharma: four weeks' parole granted to Shri Gopal @ Mani Gopal, life convict in Central Jail Tihar (FIR No.98/2003, PS Sabzi Mandi; death sentence of 27.05.2009 commuted to life imprisonment on 31.08.2009), on ground of mother's death, tehrvi (20.01.2025) and shuddhi pooja (08.02.2025); conditions: Rs.10,000/- personal bond with one surety, address to Jail Superintendent, Sunday reporting to SHO 10:00-11:00 AM, active mobile number, surrender on expiry. Provisions: Article 226 Constitution of India; Section 528 BNSS 2023; Sections 302/307 IPC; Sections 25/27 Arms Act.

What did the court decide?

Parole for four (04) weeks from the date of release, subject to the conditions imposed in the order. ¶26

Shri Gopal @ Mani Gopal Vs State (Nct of Delhi) — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

Parole for four (04) weeks from the date of release, subject to the conditions imposed in the order.

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Issue for consideration

Whether the petitioner, a life convict who has undergone about 11 years of imprisonment with satisfactory jail conduct, should be granted parole (sought for 60 days) on the ground of the death of his mother.

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Court's answer

Considering the petitioner's incarceration of about 11 years, satisfactory jail conduct, the death of his mother on 08.01.2025, and the need for him to remain present at the tehrvi (20.01.2025) and shuddhi pooja (08.02.2025), parole is granted for a period of four (04) weeks from the date of release, subject to conditions: furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent; furnishing parole residence address and local police station details; reporting to the local SHO once a week every Sunday between 10:00 AM and 11:00 AM; keeping an active telephone/mobile number furnished to the Jail Superintendent and SHO; and surrendering before the Jail Superintendent immediately upon expiry of parole.

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Detailed headnote1 paragraphs

Parole — Life convict — Writ petition under Article 226 of the Constitution read with Section 528 BNSS, 2023 seeking 60 days' parole on the ground of death of petitioner's mother — Petitioner sentenced to life imprisonment (death penalty awarded on 27.05.2009 by Additional Sessions Judge, Delhi, modified by judgment dated 31.08.2009) in FIR No.98/2003, PS Sabzi Mandi; about 11 years undergone; jail conduct satisfactory; mother died on 08.01.2025; tehrvi on 20.01.2025 and shuddhi pooja on 08.02.2025 — Parole granted for four weeks from release subject to conditions: personal bond of Rs.10,000/- with one surety, residence address and police station details to Jail Superintendent, weekly reporting to local SHO every Sunday between 10:00 AM and 11:00 AM, active telephone/mobile number, surrender on expiry — Petition disposed of (Swarana Kanta Sharma, J.).

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 71/2025

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SHRI GOPAL @ MANI GOPAL .....Petitioner

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Through: Mr. Siddharth Yadav, Adv.

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versus

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STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 16.01.2025

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The present writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’ ) has been filed on behalf of the petitioner, seeking parole for a period of 60 days on the ground of death of his mother.

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The petitioner is presently confined in Central Jail, Tihar, New Delhi. The petitioner was awarded death penalty vide order dated 27.05.2009 passed by the learned Additional Sessions Judge, Delhi for offence under Sections 302/307 of the Indian Penal Code, 1860 (hereafter ‘ IPC ’) and Sections 25/27 Arms Act in FIR No.98/2003 registered at Police Station Sabzi Mandi, Delhi. However, by virtue of judgment dated 31.08.2009, the sentence was of the petitioner was modified and he was sentenced to undergo rigorous imprisonment for life.

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The learned counsel for petitioner argues that the petitioner is

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This is a digitally signed order.

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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 24/01/2025 at 15:37:03

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undergoing sentence of life imprisonment, and had already undergone imprisonment of about 11 years. The learned counsel submits that the there is no previous involvement of the petitioner in any criminal case. It is stated that earlier also, the petitioner was granted parole for a period of four weeks by this Court vide order dated 01.20.2024 in W.P.(C) No. 2641/2024 and he had surrendered before the jail authorities on expiry of the parole period. It is stated the mother of the petitioner has passed away on 08.01.2025 and tehrvi is scheduled for 20.01.2025. Further, shuddhi pooja is also to be held on 08.02.2025. A photocopy of the cremation receipt has also been annexed with petition. Therefore, it is prayed that the petitioner be granted parole.

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The learned Additional Standing Counsel for the State submits that the factum of death of the mother of petitioner has been verified. 5. This Court has heard arguments of the learned counsel for both the parties and has perused the record. 6. The petitioner herein has remained incarcerated for about 11 years. As per records, the jail conduct of the petitioner is satisfactory. Considering the fact that the mother of petitioner has passed away on 08.01.2025, and though some of the rituals connected to the unfortunate demise of the mother of petitioner have concluded, the petitioner needs to meet his family and remain present at the tehrvi and shuddhi pooja which are scheduled for 20.01.2025 and 08.02.2025 respectively, this Court is inclined to grant parole to the petitioner for a period of four (04) weeks from the date of his release, subject to following conditions:

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i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the

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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 24/01/2025 at 15:37:03

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satisfaction of the Jail Superintendent concerned.

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ii. The petitioner shall furnish the address where he shall reside during the period of parole to the Jail Superintendent, as well as the details of local Police Station in that area.

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iii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM, during the period of parole.

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iv. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner.

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v. Immediately upon the expiry of period of parole, the petitioner shall surrender before the Jail Superintendent.

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Accordingly, the present petition stands disposed of, in above terms.

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A copy of this order be sent by the Registry to the Jail Superintendent for information.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 16, 2025/A

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 24/01/2025 at 15:37:03

Shri Gopal @ Mani Gopal v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Shri Gopal @ Mani Gopal v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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