Satender Alias Gajender v. State Of NCT Of Delhi

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 512/2025 SATENDER ALIAS GAJENDER .....Petitioner Through:

Ms. Sunita Arora, Adv.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing counsel with Insp. Narender Kumar, SHO Bhajanpura, SI Akash Kumar, PS Bhajanpura

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 13.02.2025 1.

This is a petition seeking grant of furlough for a period of 3 weeks. 2.

The application for furlough of the petitioner was rejected on 27.11.2024, as while released on furlough for 18 days w.e.f. 07.08.2024 to 25.08.2024, the petitioner surrendered late by 15 days on 09.09.2024. 3.

It is being stated that the petitioner surrendered late on account of the fact that the wife of the petitioner went into depression on account of death of her mother and the petitioner wanted to stay with her in tough times. 4.

The petitioner himself surrendered before the jail authorities on 09.09.2024 as the condition of his wife was a little better. 5.

For the said reasons, issue notice. Mr. Lao, learned standing counsel accepts notice.

6.

I am of the view that furlough is a right of the petitioner and the reason explained by the petitioner seems to be plausible. 7.

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

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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) 15 SCC 55 inter alia held as under:- "18.....

.....15. A convict, literally speaking, must remain in jail for the period of sentence or for rest of his life in case he is a life convict. It is in this context that his release from jail for a short period has to be considered as an opportunity afforded to him not only to solve his personal and family problems but also to maintain his links with society. Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment."

9.

This Court cannot overlook the circumstances and the family exigencies that may have arisen in the family of the petitioner. While dealing with an issue relating to grant of furlough to a convict, the Courts are required to balance the interests of convict as well as of the society. 10.

For the said reasons, the petition is allowed and the petitioner is granted furlough for a period of 3 weeks to maintain social ties and re-establish ties with the family on the following terms and conditions: a) The petitioner shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with 01 local surety in the like amount, to the satisfaction of the Jail Superintendent; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b) The petitioner shall furnish his cellphone number to the concerned Investigating Officer ('IO'). on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

c) The petitioner shall not leave the country without the permission of the concerned court and if the petitioner has a passport, he shall surrender the same to the concerned trial court; d) The petitioner will furnish his permanent address to the IO and in case he changes his address, he will inform the IO concerned; e) The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any.

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

g) The petitioner shall surrender after the expiry of 3 weeks of furlough.

11.

The petition is disposed of JASMEET SINGH, J FEBRUARY 13, 2025/DM Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.