Irfan @ Chote Khan Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

Irfan @ Chote Khan Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with the relief sought: petitioner directed to be released on parole for four weeks from the date of release on a personal bond of Rs.25,000/- with one surety of the like amount, subject to conditions (confinement to Uttar Pradesh at verified address, intimation to SHO PS Sangam Vihar of address changes and working telephone numbers, no criminal activity or contact with complainant/victim/survivor or their family, no tampering with evidence, surrender by 04:00 PM on expiry); effect of the order to be given only after the Jail Superintendent appreciates the pendency/status of other FIRs against the petitioner within one week, those FIRs to be dealt with independently on their own merits.

Issue for consideration

Whether the petitioner — convicted under Sections 376/506 IPC and Section 4 POCSO Act, whose appeal Crl. Appeal No.90/2017 was dismissed on 22.11.2025, and whose parole application was rejected on 24.04.2026 — is entitled to be released on parole for four weeks to arrange funds and engage a counsel of his choice for filing an SLP before the Supreme Court.

Court's answer

Considering that the petitioner seeks parole for the purpose of filing an SLP before the Supreme Court and to engage a counsel of his choice, the period of incarceration already undergone, and the no-objection given by learned ASC, the Court held that the petitioner made out a case for grant of parole.

Ratio / Principle

The petitioner, convicted and sentenced under Sections 376/506 IPC and Section 4 POCSO Act (SC No.149/2015, FIR No.270/2013, PS Sangam Vihar), is directed to be released on parole for four weeks from the date of release, subject to a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent, and to conditions including remaining in Uttar Pradesh at his verified address, intimating any change of address and his telephone numbers to the SHO, PS Sangam Vihar, refraining from criminal activity and any contact with the complainant/victim/survivor or their family or tampering with evidence, and surrendering before the Jail Authorities by 04:00 PM on expiry of the parole period.

Key takeaways

Since the petitioner is involved in other FIRs, the effect of the release order shall be given only after the Jail Superintendent appreciates the pendency/status of the other FIRs against the petitioner, within a period of one week.ratio¶26
The other FIRs against the petitioner shall be dealt with on their own merits independently, without being influenced by the observations made in the present order.obiter¶26

Detailed headnote1 paragraphs

Parole granted to POCSO Act convict to enable filing of SLP — W.P.(CRL) 1459/2026, High Court of Delhi, decided 24.07.2026 (Saurabh Banerjee, J.). The petitioner, convicted under Sections 376/506 IPC and Section 4 POCSO Act and sentenced to seven years' rigorous imprisonment plus Rs.25,000/- fine (SC No.149/2015, FIR No.270/2013, PS Sangam Vihar), whose appeal Crl. Appeal No.90/2017 was dismissed by this Court on 22.11.2025, sought a writ of mandamus under Article 226 of the Constitution read with Section 528 BNSS, 2023 for four weeks' parole to arrange funds and engage a counsel of his choice for filing an SLP before the Supreme Court. His application dated 09.12.2025 had been rejected by the Competent Authority vide order dated 24.04.2026 on the ground that he is a POCSO Act convict, despite an earlier Co-ordinate Bench order (W.P.(Crl.) 972/2026, dated 27.03.2026) recording the State's submission that the Competent Authority would bear in mind this Court's decisions on parole to POCSO convicts for filing SLPs (nine such decisions listed in footnote 1, including Neeraj Bhatt [2023 SCC OnLine Del 32]). Noting over four years' incarceration, satisfactory conduct, humanitarian considerations (wife's illness, minor son's neurological disorder), and the learned ASC's no-objection, the Court disposed of the petition directing release on parole for four weeks on a personal bond of Rs.25,000/- with one surety, subject to conditions (residence in Uttar Pradesh at verified address; intimation of address/telephone details to SHO, PS Sangam Vihar; no criminal activity or contact with complainant/victim/survivor or family; surrender by 04:00 PM on expiry). The effect of the order was made subject to the Jail Superintendent's appreciation, within one week, of other pending FIRs against the petitioner, which are to be dealt with independently on their own merits.

$~7

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1459/2026

IRFAN @ CHOTE KHAN .....Petitioner

Through: Ms. Gunjan Singh and Mr. Harsh Nayak, Adv.

versus

STATE OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC with Mr. Sangeet Sibou, Ms. Priya Rai, Mr. Shubham Goyal, Mr. Aniket Kumar Singh and Mr. Priyansh Raj Singh, Advs.

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 24.07.2026

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks issuance of a writ of mandamus directing the respondent to release the petitioner on parole for a period of four weeks to arrange funds and engage a counsel of his choice for filing a Special Leave Petition ( SLP ) before the Hon’ble Supreme Court against the order dated 22.11.2025 passed by this Court.

Succinctly put , the petitioner was convicted for offences under Sections 376/506 of the Indian Penal Code, 1860 ( IPC ) and Section 4 of Protection of Children from Sexual Offences Act, 2012 ( POCSO Act ) and

This is a digitally signed order.

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sentenced to undergo rigorous imprisonment for a period of seven years and pay fine of Rs.25,000/- by the learned ASJ-01 (POCSO), South District, Saket Court, New Delhi in SC No.149/2015 arising out of FIR No.270/2013 registered at PS: Sangam Vihar. The appeal preferred by the petitioner against the same being Crl. Appeal No.90/2017 was dismissed by this Court on 22.11.2025. Aggrieved thereby, the petitioner seeks to file an SLP before the Hon’ble Supreme Court as also to engage a counsel of his choice and arrange financial resources required therefor, and for the said purpose, he made an application dated 09.12.2025 before the Competent Authority seeking grant of parole for a period of four weeks . The same has been rejected vide order dated 24.04.2026 passed by the Competent Authority.

At the outset, learned counsel for petitioner submits that though an earlier petition filed by the very same petitioner before this Court being W.P.(Crl.) 972/2026 was disposed of vide order dated 27.03.2026 by a Co-ordinate Bench of this Court, and learned ASC for the State therein had submitted that the Competent Authority would bear in mind the decisions of this Court while dealing with POCSO Act convicts seeking parole for the purpose of filing an SLP¹ , the parole application of the petitioner has still been rejected by the Competent Authority on the ground that he is a convict under the POCSO Act.

1 Neeraj Bhatt v. State (NCT of Delhi) [2023 SCC OnLine Del 32], Sunil Sharma v. the State NCT of Delhi [W.P.(Crl.) 2924/2025, decided on 13.10.2025], Pappu v. the Stale NCT of Delhi [W.P.(Crl.) 713/2025, decided on 25.07.2025], Mohd. Iqbal v. State of NCT of Delhi [W.P.(CRL.) 3419/2025, decided on 12.11.2025), Bhola Sharma v. State of NCT of Delhi [2026 SCC OnLine Del 622], Chhote Lal v. State [W-P.(CRL.) 371/2026, decided on 10.02.2026), and Sanjeev Sethi v. State [W.P(CRL.) 736/2026, decided on 27.03.2026], Armaan Alam vs. State of NCT of Delhi in W.P.(CRL) 224/2026 passed on 19.02.2026 and Ravinder @ Tunda vs. State NCT of Delhi in W.P.(CRL) 1386/2026 passed on 02.07.2026

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 27/07/2026 at 15:44:51

Learned counsel further submits that the petitioner has a fundamental right to pursue his legal remedy before the Hon’ble Supreme Court as also to be represented by a counsel of his choice as enshrined under the Constitution of India. He further submits that the petitioner has already undergone incarceration for more than a period of four years , as also his conduct over the last two years while in custody has been ‘ Satisfactory ’. He lastly submits that the petitioner has a wife who is suffering from Poly-Cystic Ovary Disorder, as also a son aged nearly 3 years who is suffering from Hypoxic Ischaemic Encephalopathy, a neurological disorder requiring constant medical attention, and on humanitarian considerations, he also needs to take care of his family members and reconnect with them.

At this stage learned ASC submits that he has no objection if the present petition is allowed and the petitioner is released on parole, however, there are certain other FIRs against the petitioner which must be taken into consideration. 6. In view of the aforesaid, particularly considering that the petitioner seeks release on parole for the purposes of filing an SLP before the Hon’ble Supreme Court and to engage a counsel of his choice, as also considering the period of incarceration already undergone by him and the no-objection given by learned ASC, this Court is of the view that the petitioner has been able to make out a case for grant of parole.

Accordingly, the petitioner, who has been convicted and sentenced under Sections 376/506 IPC and Section 4 POCSO Act by the learned ASJ-01 (POCSO), South District, Saket Court, New Delhi in proceedings arising out of FIR No.270/2013 registered at PS: Sangam Vihar is directed

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 27/07/2026 at 15:44:51

to be released on parole for a period of four weeks from the date of his release, subject to him furnishing a personal bond in the sum of Rs.25,000/- ( Rupees Twenty Five Thousand Only ) with one surety of the like amount to the satisfaction of the Jail Superintendent, and further subject to the following conditions:-

i. During the period the petitioner remains out on parole, the petitioner shall not leave Uttar Pradesh and shall ordinarily reside at his verified address as per the prison records, and if the petitioner wishes to reside at any other address, he shall intimate the same to the SHO, PS: Sangam Vihar within three days through an affidavit. ii. The petitioner shall also provide the SHO, PS: Sangam Vihar with all his telephone number(s) which shall be kept in working condition at all times.

iii. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/ victim/ survivor or any member of the complainant/ victim/ survivor’s family or tamper with the evidence of the case. iv. The petitioner is directed to surrender before the Jail Authorities on the date of expiry of the period of parole at or before 04:00 PM.

Since the petitioner herein is involved in other FIRs as well, the effect of the present order shall be given only after appreciation of the pendency/ status of other FIRs against the petitioner by the Jail Superintendent within a period of one week . Needless to say, they shall be dealt on their own merits independently, without being influenced by the observations made in the present order

This is a digitally signed order.

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Accordingly, the present petition is disposed of in the aforesaid terms.

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

SAURABH BANERJEE, J

JULY 24, 2026/Ab

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 27/07/2026 at 15:44:51