W.P.(CRL)/300/2025 of SANDEEP Vs STATE OF NCT OF DELHI

$~14* INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(CRL) 300/2025SANDEEP.....Petitioner

Through:Mr. Harsh Prabhakar, Mr. DhruvChaudhary, Mr. Adeeb Ahmad, Advs.versusChaudhary, Mr. Adeeb Ahmad, Advs.versus

STATE OF NCT OF DELHI.....RespondentThrough:Mr. Yasir Rauf Ansari, ASC withMr. Alok Sharma, Mr. Vasu Agarwal, Advs.Insp. Rajesh Kumar Verma, PS NarelaThrough:Mr. Yasir Rauf Ansari, ASC withMr. Alok Sharma, Mr. Vasu Agarwal, Advs.Insp. Rajesh Kumar Verma, PS Narela

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGHO R R

%21.02.2025

1.This is petition seeking 1[st]spell of furlough for period of 3 weeksin the FIR No. 337/2009 registered at PS Narela, Delhi underSections 302/342/376(2)G/201/34 of IPC.

2.ThepetitionerhasbeensentencedforlifeunderSections302/342/376(2)G/201/34 of IPC and has undergone 14 years 6months 17 days of incarceration with remission of 1 years 4 monthsand 18 days.302/342/376(2)G/201/34 of IPC and has undergone 14 years 6months 17 days of incarceration with remission of 1 years 4 monthsand 18 days.

3.The application for furlough was rejected on the ground that thepetitioner had surrendered late by 6 days on 05.12.2024.petitioner had surrendered late by 6 days on 05.12.2024.

4.The Hon’ble Supreme Court in Atbir v. State of NCT of Delhi (2022)13 SCC 96 while relying on Asfaq v. State of Rajasthan & Ors.(2017) 15 SCC 55 inter alia held as under:-13 SCC 96 while relying on Asfaq v. State of Rajasthan & Ors.(2017) 15 SCC 55 inter alia held as under:-

…..15. convict, literally speaking, must remain in jail for theperiod of sentence or for rest of his life in case he is life convict.

It is in this context that his release from jail for short period hasto be considered as an opportunity afforded to him not only tosolve his personal and family problems but also to maintain hislinks with society. Convicts too must breathe fresh air for at leastsome time provided they maintain good conduct consistentlyduring incarceration and show tendency to reform themselvesand become good citizens. Thus, redemption and rehabilitation ofsuch prisoners for good of societies must receive due weightagewhile they are undergoing sentence of imprisonment.”

5.This Court cannot overlook the circumstances and the familyexigencies that may have arisen in the family of the petitioner. Whiledealing with an issue relating to grant of furlough to convict, theCourts are required to balance the interests of convict as well as of thesociety.exigencies that may have arisen in the family of the petitioner. Whiledealing with an issue relating to grant of furlough to convict, theCourts are required to balance the interests of convict as well as of thesociety.

6.The ground that the petitioner was not informed by the learnedcounsel regarding the fact that he has to surrender is plausible as thepetitioner himself surrendered after getting to know about the orderof the Hon’ble Supreme Court.counsel regarding the fact that he has to surrender is plausible as thepetitioner himself surrendered after getting to know about the orderof the Hon’ble Supreme Court.

7.I am of the view that furlough is right of the petitioner and thereason explained by the petitioner seems to be plausible. Thepetitioner is life convict and has already undergone more than 14years of incarceration.reason explained by the petitioner seems to be plausible. Thepetitioner is life convict and has already undergone more than 14years of incarceration.

8.For the said reasons, the petition is allowed and the petitioner isgranted furlough for period of 3 weeks from the date of his releaseto maintain social ties and re-establish ties with the family on thefollowing terms and conditions:-granted furlough for period of 3 weeks from the date of his releaseto maintain social ties and re-establish ties with the family on thefollowing terms and conditions:-

a) The petitioner shall furnish personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with 01 local surety inthe like amount, to the satisfaction of the Jail Superintendent;10,000/- (Rupees Ten Thousand Only) with 01 local surety inthe like amount, to the satisfaction of the Jail Superintendent;

b) The petitioner shall furnish his cellphone number to theconcerned Investigating Officer (‘IO’). on which the petitionermay be contacted at any time and shall ensure that the number iskept active and switched-on at all times;concerned Investigating Officer (‘IO’). on which the petitionermay be contacted at any time and shall ensure that the number iskept active and switched-on at all times;

c) The petitioner shall not leave the country without the permissionof the concerned court and if the petitioner has passport, heshall surrender the same to the concerned Jail Superintendent;of the concerned court and if the petitioner has passport, heshall surrender the same to the concerned Jail Superintendent;

d) The petitioner will furnish his permanent address to the IO andin case he changes his address, he will inform the IO concerned;in case he changes his address, he will inform the IO concerned;

e) The petitioner shall not indulge in any act or omission that isunlawful or that would prejudice the proceedings in pendingcases, if any.unlawful or that would prejudice the proceedings in pendingcases, if any.

f)The petitioner shall not indulge in any act or omission that isunlawful during the period of furlough;unlawful during the period of furlough;

g) The petitioner shall surrender after the expiry of 3 weeks offurlough.furlough.

9.The petition is disposed of.

FEBRUARY 21, 2025 / (MS)

JASMEET SINGH, J

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