W.P.(CRL)/881/2025 of NEERAJ @ KARAN Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 881/2025

NEERAJ @ KARAN .....Petitioner Through: Mr. Sanjeev Kr. Baliyan, Adv.(DHCLSC) with Mr. Nirbhay Sharma and Ms. Shivanshi Panwar, Advs. Through: Mr. Sanjeev Kr. Baliyan, Adv.(DHCLSC) with Mr. Nirbhay Sharma and Ms. Shivanshi Panwar, Advs.

versus

STATE OF NCT OF DELHI .....Respondent

Through: Ms. Rupali Bandopadhyay, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

18.09.2025

1.This is writ petition under Article 226 of the Constitution of India read with Section 528 BNSS for setting aside the order dated 14.02.2025 passed by the Jail Authority and for directing the respondent to release the petitioner on the first spell of furlough for period of three weeks.

2.Petitioner is currently confined in Jail and is stated to have undergone incarceration of about 15 years in actual without remission out of the sentence of imprisonment of life and fine. He applied for first spell of furlough on 23.01.2025. He was granted furlough for three weeks on 26.09.2023.

3.Learned counsel for the petitioner submits that after first release on furlough, petitioner filed Special Leave Petition (Crl.) No. 477/2023 before the Hon’ble Supreme Court seeking release on permanent

remission. Vide order dated 09.10.2023, he was granted protection from surrender before the Jail Authority until the next date of hearing. It is submitted that such interim order was extended from time to time and vide order dated 01.10.2024, the Supreme Court directed that interim order qua the present petition will continue to operate for period of three weeks.

4.It is submitted that in terms of the order dated 01.10.2024, passed in W.P.(Crl) 477/2023, petitioner surrendered on 21.10.2024 before the Jail Authority. It has been submitted that petitioner thus fulfils all the conditions as required and is fully eligible for the grant of furlough as per the Delhi Prisons Rules, 2018. However, vide order dated 14.02.2025, his request for first spell of furlough for the current conviction year stands rejected vide impugned order dated 14.02.2025 issued by the Office of the Director General of Prisons on the ground that he surrendered late by 20 days on 21.10.2024.

5.It is evident from the order dated 01.10.2024, passed by the Hon’ble Supreme Court that petitioner was to surrender within three weeks and petitioner surrendered within time.

6.Hence, prima facie, the order dated 14.02.2025 rejecting furlough on the ground of late surrender is not sustainable and is therefore set aside.

7.The petition is disposed of with direction to the respondent to consider the request of furlough of the petitioner afresh in the light of the aforesaid order and as per Jail Rules.

8.Copy of the order be sent to the Superintendent Jail for information and compliance.

RAVINDER DUDEJA, J

SEPTEMBER 18, 2025/ib