Mukesh Puri Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

Mukesh Puri Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition allowed and disposed of: petitioner directed to be released on parole for four weeks from the date of release on a personal bond of Rs.20,000/- with one surety of the like amount, subject to the satisfaction of the Jail Superintendent and the stated conditions (no leave from NCT of Delhi; reporting to SHO, PS Bindapur every Saturday; working mobile with location on; no criminal activity or contact with complainant/victim/survivor or their family; surrender by 04:00 PM on expiry); copy of order sent to concerned Jail Superintendent.

Issue for consideration

Whether the petitioner, convicted under the POCSO Act, is entitled to be released on parole, warranting quashing of the Competent Authority's Rejection Order dated 26.12.2025 and a mandamus directing his release on parole. +1 more

Court's answer

The petitioner, convicted vide judgment and order on sentence dated 22.07.2023 arising out of FIR No.661/2017 (PS Bindapur) under Sections 10/9(m) of the POCSO Act, is to be released on parole for a period of four weeks from the date of his release, subject to furnishing a personal bond of Rs.20,000/- with one surety of the like amount (family member/friend with no pending criminal case), satisfaction of the Jail Superintendent, and conditions including remaining within NCT of Delhi with weekly Saturday reporting to the SHO, PS Bindapur, providing a working mobile number with location on at all times, abstaining from criminal activity and all contact with the complainant/victim/survivor and their family, and surrendering before the Jail Authorities by 04:00 PM on expiry of the parole period.

Ratio / Principle

Parole was granted notwithstanding the petitioner's conviction under the POCSO Act, the Court acting consistently with the dicta in Mohd. Taslim Ali vs. State (W.P.(Crl.) 3821/2025, Co-ordinate Bench) that POCSO conviction is not an absolute bar, and weighing the petitioner's conduct during his time in jail and his mental well-being.

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J) allows W.P.(CRL) 636/2026 filed under Article 226 of the Constitution read with Section 528 of the BNSS, 2023 seeking certiorari against the Rejection Order dated 26.12.2025 of the Competent Authority and mandamus for parole. Petitioner, convicted (judgment and order on sentence dated 22.07.2023, ASJ-01 (POCSO), Dwarka Courts; five years RI; appeal CRL. APPEAL No.920/2023 dismissed 08.08.2025) under Sections 10/9(m) of the POCSO Act arising out of FIR No.661/2017, PS Bindapur, is released on parole for four weeks (petition had sought one month) on a personal bond of Rs.20,000/- with one surety of the like amount, considering his satisfactory jail conduct, mental well-being, and the dicta of the Co-ordinate Bench in Mohd. Taslim Ali vs. State, W.P.(Crl.) 3821/2025 (POCSO conviction not an absolute bar to parole). Conditions: confinement to NCT of Delhi, Saturday reporting to SHO PS Bindapur, working mobile with location on, no contact with victim/survivor or family, surrender by 04:00 PM on expiry.

$~6

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 636/2026

MUKESH PURI .....Petitioner

Through: Ms. Puja Bhusari Soni, Adv. (DHCLSC) (through VC)

versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Abhijeet Kumar, Adv. for Ms. Rupali Bandhopadhya, ASC for State with SI Sornika, PS.: Bindapur, Delhi.

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 13.03.2026

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 certiorari quashing the Rejection Order dated 26.12.2025 passed by the Competent Authority, as well as a writ of mandamus directing that the petitioner to be released on parole for a period of one month in the case arising out of FIR No.661/2017 registered at PS: Bindapur, Delhi under Sections 10/9(m) of the Protection of Children from Sexual Offences Act, 2012 ( POCSO Act ).

This is a digitally signed order.

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Succinctly put , the petitioner was convicted and sentenced to under go rigorous imprisonment for a period of five years by the learned ASJ-01 (POCSO), Dwarka Courts, Delhi ( learned Trial Court ) vide judgment and order on sentence dated 22.07.2023 and the appeal thereto being CRL. APPEAL No.920/2023, was dismissed by this Court vide order dated 08.08.2025. Subsequently, although the petitioner made an application dated 06.09.2025 before the Competent Authority, however, the same was rejected vide Rejection Order dated 26.12.2025.

Learned counsel for the petitioner submits that the petitioner’s application for parole has been mechanically rejected by the Competent Authority vide the aforesaid Rejection Order dated 26.12.2025 for the sole reason that the petitioner has been convicted under the POCSO Act. The same, as per her, shows non-application of mind, and the same is against the law laid down by a Co-ordinate Bench of this Court in W.P. (Crl.) 3821/2025 entitled ‘ Mohd. Taslim Ali vs. State ’ wherein it has been categorically held that conviction under the POCSO Act is not an absolute bar for grant of parole as also the said Rejection Order passed is contrary to the rights as envisaged under Article 14 of the Constitution of India.

Further, learned counsel for the petitioner submits that as the conduct of the petitioner while in prison has consistently been ‘ Satisfactory ’, and he has not been awarded any punishment till date as also the address of the petitioner being H. No. B-2/6A Sewak Park, Dwarka Mor, Delhi has been verified as per the latest Status Report, she prays that the petitioner be granted parole by this Court so that the petitioner may re-establish social ties with family and society.

Considering the overall facts and circumstances involved, especially

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the conduct of the petitioner during his time in jail and it would be in the interest of the petitioner’s mental well-being to be released on parole as also, lastly, considering the dicta of the judgment entitled ‘ Mohd. Taslim Ali vs. State ’ in W.P. (Crl.) 3821/2025 passed by a Co-ordinate Bench of this Court, this Court is of the view that the petitioner, convicted vide judgment and order on sentence dated 22.07.2023 arising out of FIR No.661/2017 registered at PS: Bindapur, Delhi under Sections 10/9(m) of the POCSO Act, 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.20,000/- ( Rupees Twenty Thousand Only ) with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her, as also subject 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 NCT of Delhi and report to the SHO, PS: Bindapur, Delhi on every Saturday. ii. The petitioner shall also provide the SHO, PS: Bindapur, Delhi with a mobile telephone number which shall be kept in working condition at all times with location kept on 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 expiry of the period of parole at or before 04:00 PM.

This is a digitally signed order.

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

The present petition is allowed and disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MARCH 13, 2026/ bh

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 16/03/2026 at 16:52:05