Delhi High Court – Orders
Sanjay vs State Of Nct Of Delhi on 16 April, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1188/2025
SANJAY
.....Petitioner
Through: Ms. Naim J. Heena, Advocate.
versus
STATE OF NCT OF DELHI
.....Respondent
Through: Mr. Amol Sinha, Ld. ASC for State
with Mr. Kshitiz Garg, Mr. Ashvini
Kumar, Mr. Nitish Dhawan and Ms.
Sanskriti Nimbekar, Advocates and
with SI Rakesh Kumar P.S. Narela.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 16.04.2025
CRL.M.A. 11311/2025 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The Application stands disposed of.
W.P.(CRL) 1188/2025
3. A Writ Petition under Article 226 of the Constitution of India read
with Section 528 BNSS has been filed for release of Petitioner on furlough
for three weeks in FIR No.197/2010 under Section 302/364-A IPC Police
Station Narela.
4. It is submitted that the petitioner has applied for furlough of three
weeks on 31.01.2025, but his Application has been rejected on the account
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that pursuant to the directions of the Apex court dated 01.10.2024 the
Petitioner failed to surrender himself within time and was re-arrested on
17.12.2024 i.e. after two months.
5. It is submitted that the conduct of the Petitioner in custody has never
been found objectionable and there is nothing adverse ever recorded. He is
in incarceration for around 14 years and has unblemished jail record and
deserves to be released on furlough like other inmates. He has earned three
Annual Good Conduct Reports. As per Rule 1223 a person who has good
conduct Report in the last three years and continues to maintain good
conduct is not a habitual offender and would be entitled to furlough. He has
already been granted furlough four times and has not misused his liberty.
His family consists of his wife and he got married on 28.10.2024. Since his
re-arrest, the wife is residing with her parents. She is three months pregnant
and except the Petitioner there is none to take care of her. The family of the
Petitioner also consists of her elder brother and wife. He has fulfilled all the
eligibility criteria for grant of furlough as per Delhi Prison Rules, 2018.
6. It is further submitted that in similar circumstances the furlough has
been granted in Writ Petition (Crl.) 333/2025 titled ‘Gaurav Chadha vs.
State of NCT of Delhi‘. He is the Store Sahayak in Jail No.3 and is willing
to abide by all the terms and conditions.
7. Learned ASC has objected to the grant of furlough on the ground that
it was not a delay of one or two days but of two months and that too the
Petitioner did not surrender but had been re-arrested.
8. Submissions heard and record perused.
9. The delay of about two months in surrendering cannot be a ground to
deny the furlough especially considering his good conduct in the jail and his
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family circumstances. He is granted first spell of furlough for a period of
three weeks, on the following terms and conditions:
i. The petitioner shall furnish a Personal Bond in the sum of
Rs.10,000/- with one surety of the like amount, to the satisfaction
of the Jail Superintendent.
ii. 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 furlough.
iii. 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.
iv. The Petitioner shall ordinarily reside at the address
mentioned in the petition.
v. Immediately upon the expiry of period of furlough, the
Petitioner shall surrender before the Jail Superintendent.
vi. The period of furlough shall be counted from the day
when the Petitioner is released from jail.
10. The Petition stands disposed of.
NEENA BANSAL KRISHNA, J
APRIL 16, 2025/va
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 16/04/2025 at 22:00:59