W.P.(CRL)/1141/2025 of USMAN @KALE Vs STATE (G.N.C.T.) OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1141/2025

USMAN @KALE .....Petitioner

Through: Ms. Astha, Advocate, DHCLSC with Ms. Megha Singh, Advocate.

versus

STATE (G.N.C.T.) OF DELHI .....Respondent

Through: Mr. Sanjeev Bhandari, ASC with SI Neeraj, PP South Campus.

CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R R08.04.2025

CRL.M.A. 10891/2025 (exemption)

Allowed, subject to all just exceptions.

This application stands disposed of.

W.P.(CRL) 1141/2025

1.This is writ petition under Article 226 of the Constitution of India read with Section 528 BNSS, 2023 for quashing of furlough rejection order No. F.10. (003508165)/ CJ/LEGAL/PHQ/2025/70, dated 11.03.2025 and for release of petitioner on first spell of furlough for period of three weeks.

2.Mr. Sanjeev Bhandari, learned ASC, appearing for the State, submits that petitioner was released on emergency parole on 03.04.2020 for period of eight weeks, which was extended from time to time but he was arrested in three new cases while he was on emergency parole and thus, he violated the

terms and conditions of the parole granted to him and did not maintain good behaviour and peace during the period of emergency parole and thus, releasing him on furlough may cause intimidation to the society.

3.Issue notice. Notice is accepted by Mr. Sanjeev Bhandari, learned ASC, appearing for State.

4.Learned counsel for petitioner states that petitioner was granted furlough last time vide order dated 25.11.2024, passed by this Court and all such submissions made today have been considered in the said order while referring to the decisions of coordinate bench of this Court in Satender alias

Gajender v. State (Govt. of Nct of Delhi) in W.P.(CRL) 221/2022, Rajkumar alias Bhola v. State (Govt. of Nct of Delhi) in W.P.(CRL) 25/2023 and Asfaq v. State of Rajasthan, reported as (2017) 15 SCC 55.

5.Petitioner was released on furlough for period of three weeks vide order dated 25.11.2024, passed in W.P. (Crl) 2705/2024 by the coordinate bench.

6.Considering the aforesaid position, petition is allowed and the petitioner is released on furlough for period of three weeks from the date of his release subject to him furnishing personal bond in the sum of Rs.10,000/- with surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty Judicial Magistrate/concerned Court and subject to the following conditions:-

a. The petitioner shall not leave the Delhi NCR without prior permission of the concerned Court; of the concerned Court;

b. At the time of furnishing personal bond, the petitioner would specify the mobile number, which he undertakes to keep operational during the period of his release; the mobile number, which he undertakes to keep operational during the period of his release;

c. In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court. petitioner shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

d. The petitioner shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence; complainant or any other prosecution witnesses or tamper with the evidence;

e. The petitioner shall surrender upon expiry of the furlough period.

7.Petition is disposed of in the above terms.

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

APRIL 8, 2025/vd/ak

RAVINDER DUDEJA, J