In a significant ruling, the Delhi High Court has granted four weeks of parole to Puran Prasad, a convict serving a sentence in Central Jail No. 2, Tihar, for the birth of his child. The decision, delivered by Hon’ble Mr. Justice Ajay Digpaul on July 29, 2025, highlights the judiciary’s consideration of humanitarian grounds while adhering to legal frameworks.
Background of the Case
Puran Prasad, convicted under Section 302 of the Indian Penal Code (IPC) in FIR No. 280/2012, filed a petition under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. He sought parole for three months to support his wife during her pregnancy, with her due date being August 1, 2025.
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Earlier, on May 25, 2025, Prasad had applied for parole to the Secretary of the Home Department, Government of NCT of Delhi. However, due to procedural delays, the matter reached the Delhi High Court.
The court examined the Delhi Prison Rules, 2018, particularly Rules 1207, 1208, 1210, and 1212, which govern parole eligibility and conditions. Key points included:
- Rule 1210 outlines five eligibility criteria for parole, such as good conduct, no prior parole violations, and a minimum incarceration period. The court noted Prasad met all conditions, including the emergency clause for childbirth.
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- Rule 1208 lists permissible grounds for parole, including childbirth by the convict’s wife (sub-rule iv).
- Rule 1212 caps parole at eight weeks per conviction year, split into two spells of four weeks each.
The State raised objections, citing Rule 1213, which prioritizes furlough over parole. However, the court observed that Prasad had already exhausted his furlough options for the year. The State also opposed releasing Prasad alongside co-convicts, but the court dismissed this, citing his clean record during prior releases.
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Justice Digpaul granted Prasad four weeks of parole, emphasizing the urgency of his wife’s delivery. The order included strict conditions:
- Geographical Restriction: Prasad must stay within Delhi’s National Capital Region unless permitted by the court.
- Contact Details: He must share his mobile number with jail authorities and local police, keeping it active throughout parole.
- Weekly Reporting: Prasad must mark his presence every Monday at the Khyala Police Station between 11:00 AM and 11:30 AM.
- Surrender Deadline: He must return to jail on the exact date specified in his release slip.
Case Title: Puran Prasad v. State of NCT of Delhi
Case Number: W.P.(Crl) 2085/2025