Akash Alias Bhole v. State NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ AKASH ALIAS BHOLE .....Petitioner Through:
Mr. Sunil Upadhyay, Advocate.
versus STATE NCT OF DELHI .....Respondent Through:
Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate for State with Mr. Sandeep Yadav, SI, PS-Sadar Bazar, Delhi.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 03.03.2025 1.
The present petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973, has been filed, seeking grant of 3rd spell of furlough for a period of two weeks in FIR No. 81/2010 under Section 302/34B of the Indian Penal Code, 18601 registered at Police Station Sadar Bazar.
2.
Subsequent to the filing of the petition, the Respondent took a decision on the Petitioner's pending request, and rejected the same by order dated 31st January, 2025. The said order reads as follows: 1 "IPC"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The Petitioner's request was declined on account of the delay in his surrender, when he was previously released on furlough. This delay also resulted in the issuance of a punishment ticket dated 26th July, 2024 to the Petitioner. The said punishment ticket was quashed by order dated 3rd February, 2025, in Writ Petition (Crl.) No. 364/2025. 4.
In view of the foregoing, the delay in surrendering, which served as the basis for the rejection of the Petitioner's furlough, has already been subject to judicial scrutiny and has not been considered as a valid ground to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
curtail the privileges extended to the Petitioner. Therefore, in the opinion of the Court, the Petitioner's request for the grant of furlough cannot be rejected in the same capacity.
5.
It must also be noted that as per nominal roll, as on 25th February, 2025, the Petitioner has been in judicial custody for 14 years, 1 month and 8 days. He has also earned a remission of 9 months and 22 days. Furthermore, the Petitioner's jail conduct as well as overall conduct has been found to be satisfactory.
6.
The Court has further been informed that another co-convict, Manoj Kumar S/o Ashok Kumar, has been released on parole for a period of 3 weeks by order passed by this Court on 28th February, 2025 in W.P.(Crl.) 629/2025. In light of this development, counsel for the Petitioner contends that, although the Delhi Prison Rules, 2018 do not permit the release of the Petitioner, this Court may exercise its jurisdiction under Article 226 of the Constitution of India to grant furlough in exceptional circumstances. Counsel for the Petitioner has highlighted the Petitioner's medical ailments, supported by documents annexed with the petition. Therefore, given that the Petitioner is already undergoing treatment, and in consideration of the peculiar facts of this case, the Court is inclined to grant furlough to the Applicant, notwithstanding the fact that the co-convict, Manoj Kumar, has already been granted parole.
7.
The provision of furlough is a benevolent one and it is designed for the welfare of prisoners. The provision has the intent of rewarding prisoners for their good behaviour, when traces of reformation can be seen in them. Therefore, considering that the Petitioners had surrendered late on account of a bonafide reason and they have been previously granted furlough on various occasions, their request for grant of furlough is allowed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
In light of the foregoing facts and circumstances, the Respondent is directed to release the Petitioner on third spell of furlough for a period of two weeks, to re-establish the social-ties with family members, on furnishing of a personal bond in the sum of INR 15,000/- with one surety of the like amount subject to the satisfaction of the Jail Superintendent/Trial Court/Duty Metropolitan Magistrate, and further subject to the following conditions:
(i) The Petitioner shall not leave the NCT of Delhi during the period of furlough, without the prior permission of this Court. (ii) The Petitioner shall provide the mobile number(s) to the concerned Jail Superintendent and SHO - P.S. Sadar Bazar, Delhi, at the time of his release, which mobile number shall be kept in a working condition at all times. (iii) The Petitioner shall appear before the SHO - P.S. Sadar Bazar, Delhi, on every Monday between 11:00 AM and 11:30 AM to mark his presence. However, he shall not be kept waiting for longer than one hour for this purpose.
(iv) The Petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of furlough. 9.
With the above directions, the present petition is disposed of along with pending application.
10.
Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
SANJEEV NARULA, J MARCH 3, 2025 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.