W.P.(CRL)/512/2025 of SATENDER ALIAS GAJENDER Vs STATE OF NCT OF DELHI

*INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(CRL) 512/2025SATENDER ALIAS GAJENDER.....Petitioner

Through:Ms. Sunita Arora, Adv.versusversus

STATE OF NCT OF DELHI.....Respondent

Through:Mr. Sanjay Lao, Standing counselwith Insp. Narender Kumar, SHOBhajanpura, SI Akash Kumar, PSBhajanpura

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGHO R R

13.02.2025

1.This is petition seeking grant of furlough for period of 3 weeks.

2.The application for furlough of the petitioner was rejected on27.11.2024, as while released on furlough for 18 days w.e.f. 07.08.2024 to25.08.2024, the petitioner surrendered late by 15 days on 09.09.2024.

3.It is being stated that the petitioner surrendered late on account of thefact that the wife of the petitioner went into depression on account of death ofher mother and the petitioner wanted to stay with her in tough times.

4.The petitioner himself surrendered before the jail authorities on09.09.2024 as the condition of his wife was little better.

5.For the said reasons, issue notice. Mr. Lao, learned standing counselaccepts notice.

6.I am of the view that furlough is right of the petitioner and the reasonexplained by the petitioner seems to be plausible.

7.The petitioner is life convict and has already undergone more than 15years of incarceration.

8.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) 15SCC 55 inter alia held as under:-

…..15. convict, literally speaking, must remain in jail for the periodof sentence 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.”

9.This Court cannot overlook the circumstances and the familyexigencies that may have arisen in the family of the petitioner. While dealingwith an issue relating to grant of furlough to convict, the Courts are requiredto balance the interests of convict as well as of the society.

10.For the said reasons, the petition is allowed and the petitioner is grantedfurlough for period of 3 weeks to maintain social ties and re-establish tieswith the family on 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 the10,000/- (Rupees Ten Thousand Only) with 01 local surety in the

like 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 kept activeand switched-on at all times;Investigating Officer (‘IO’). on which the petitioner may becontacted at any time and shall ensure that the number is kept activeand switched-on at all times;

c) The petitioner shall not leave the country without the permission ofthe concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;the concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;

d) 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;

e) The petitioner shall not indulge in any act or omission that isunlawful or that would prejudice the proceedings in pending cases,if any.unlawful or that would prejudice the proceedings in pending cases,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.11.The petition is disposed of

FEBRUARY 13, 2025/DM

JASMEET SINGH, JClick here to check corrigendum, if any