W.P.(CRL)/377/2025 of MAHESH SHARMA ALIAS CHINTU Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 377/2025MAHESH SHARMA ALIAS CHINTU.....PetitionerMAHESH SHARMA ALIAS CHINTU.....Petitioner

Through:Mr. Arjun Malik, Adv.versusversus

STATE OF NCT OF DELHI.....Respondent

Through:Mr. Sanjay Lao, Standing CounselSI Sandeep Kumar, PS AmbedkarNagarSI Sandeep Kumar, PS AmbedkarNagar

CORAM:HON'BLE MR. JUSTICE JASMEET SINGHO R R%03.02.2025CRL.M.A. 3353/2025

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(CRL) 377/2025

1.This is petition filed under Article 226 of the Constitution of Indiaread with Section 582 of BNSS, 2023 along with Section 482 ofCr.PC seeking issuance of writ in the nature of certiorari for quashingof the rejection order No. F. 10 (003525416) / CJ / LEGAL /PHO/2024/M-165, dated 02.01.2025.read with Section 582 of BNSS, 2023 along with Section 482 ofCr.PC seeking issuance of writ in the nature of certiorari for quashingof the rejection order No. F. 10 (003525416) / CJ / LEGAL /PHO/2024/M-165, dated 02.01.2025.

2.As per the impugned order dated 01.10.2024, the petitioner’sapplication for release on furlough was rejected on the ground that hesurrendered late by 7 days on 08.10.2024.application for release on furlough was rejected on the ground that hesurrendered late by 7 days on 08.10.2024.

3.Mr. Malik, learned counsel for the petitioner states that in the presentcase, the delay in surrendering was on account of the fact that thecounsel did not inform the petitioner regarding the order of theHon’ble Supreme Court.case, the delay in surrendering was on account of the fact that thecounsel did not inform the petitioner regarding the order of theHon’ble Supreme Court.

4.Issue notice. Mr. Lao, learned standing counsel accepts notice and hasaddressed arguments.addressed arguments.

5.In the present case, the petitioner has been sentenced for lifeimprisonment and has already undergone incarceration for about 20years.imprisonment and has already undergone incarceration for about 20years.

6.I am of the view that furlough would help to maintain social andfamily connections.family connections.

7.The Hon’ble Supreme Court in Atbir v. State of NCT of Delhi in SLP(Crl.) No. 7887/2021, relying on Asfaq v. State of Rajasthan & Ors.(2017) 15 SCC 55 held as under:-(Crl.) No. 7887/2021, relying on Asfaq v. State of Rajasthan & Ors.(2017) 15 SCC 55 held as under:-

15. convict, literally speaking, must remain in jail for the period ofsentence or for rest of his life in case he is life convict. It is in thiscontext that his release from jail for short period has to beconsidered as an opportunity afforded to him not only to solve hispersonal and family problems but also to maintain his links withsociety. Convicts too must breathe fresh air for at least some timeprovidedtheymaintaingoodconductconsistentlyduringincarceration and show tendency to reform themselves and becomegood citizens. Thus, redemption and rehabilitation of such prisonersfor good of societies must receive due weightage while they areundergoing sentence of imprisonment.

8.It is plausible that the counsel did not inform the petitioner and hence,there was 7 day delay in surrendering.there was 7 day delay in surrendering.

9.For the said reasons, the petition is allowed.

10.The petitioner is granted 3 weeks furlough from the date of his releasesubject to the following terms and conditions:subject to the following 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 in thelike amount, to the satisfaction of the Jail Superintendent;10,000/- (Rupees Ten Thousand Only) with 01 local surety in thelike amount, to the satisfaction of the Jail Superintendent;

b) The petitioner shall furnish his cellphone number to the concernedInvestigating Officer (‘IO’). on which the petitioner may becontacted at any time and shall ensure that the number is keptactive and switched-on at all times;Investigating Officer (‘IO’). on which the petitioner may becontacted at any time and shall ensure that the number is keptactive and switched-on at all times;

c) The petitioner will furnish his permanent address to the IO and incase he changes his address, he will inform the IO concerned;case he changes his address, he will inform the IO concerned;

d) 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.

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

f)The petitioner shall surrender the expiry of 3 weeks of furlough.11.The petition stands disposed of in the aforesaid terms.

12.A copy of this order be communicated electronically to the concernedJail Superintendent for information and necessary compliance.Jail Superintendent for information and necessary compliance.

FEBRUARY 3, 2025/sp

JASMEET SINGH, J

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