Somnath Putli v. State Of NCT Of Delhi

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SOMNATH PUTLI .....Petitioner Through:

Mr. Ashutosh Kaushik and Mr.

Gautam Yadav, Advs versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Mr. Jyotsana Pandit and Mr. Mohit Raj Nagar, Advs with SI Anugrah, PSWelcome

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 11.03.2025 1.

The present petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioner for setting aside the order dated 08.01.2025 passed by the Office of the Director General of Prisons, Prison HQ, Tihar, Janak Puri, New Delhi, refusing 1st spell of furlough to the petitioner in FIR No.442/2008 registered under Sections 302/34 of the Indian Penal Code, 1860 at PS: Welcome, Delhi.

2.

Learned counsel for the petitioner submits that the conduct of the petitioner in the jail has been satisfactory and thus, the petitioner seeks three weeks of furlough to rehabilitate with society, furthermore, the petitioner has an old wife working as a labour and three children out of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which the two sons are pursuing their studies and one married daughter. 3.

Learned ASC for the state has handed over the Status Report during the course of proceedings in Court today. The same is taken on record. He submits that the permanent address of the petitioner has been verified and he has no objection to grant of furlough for three weeks. 4.

This Court has heard the learned counsels and perused the documents on record.

5.

This Court, vide order dated 25.02.2025, issued notice and called for the Status Report and fresh Nominal Roll was also requisitioned. As per Nominal Roll, the jail conduct of the appellant has been 'Satisfactory' and he has been serving as a "Factory Sahayak". Further, the petitioner is seeking 1st Spell of furlough for rehabilitation and that when the petitioner was granted furlough through the HPC Guidelines, he never misused the same. Therefore, this is a fit case for grant of furlough to the petitioner. 6.

Accordingly, the petitioner is granted 1st spell of furlough for a period of three weeks in FIR No.442/2008 registered under Sections 302/34 IPC at PS: Welcome, Delhi from the date of his release, subject to the petitioner depositing a personal bond in the sum of Rs.1,000/- (Rupees One Thousand Only) with one surety in the like amount from a family member, to the satisfaction of the Jail Superintendent, and further subject to the following conditions:

i.

The petitioner shall not leave the State of NCT of Delhi without permission of the court and shall ordinarily reside at the address as per prison records/ as mentioned in the present petition.; ii.

The petitioner shall present himself before the S.H.O., P.S.: Welcome, Delhi every Monday between 11:00 AM and 11:30 AM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to mark his presence. However, he will not be kept waiting longer than an hour for this purpose.;

iii.

The petitioner shall furnish to the S.H.O., P.S: Welcome, Delhi a cell-phone number 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.;

iv.

If the petitioner has a passport, he shall surrender the same to the Jail Superintendent.;

v.

The petitioner shall not indulge in any act or omission that is unlawful.;

vi.

Upon expiry of the period of furlough, the petitioner shall surrender before the Jail Superintendent on the last date of expiry of furlough, on or before 05:00 PM of the said day. 7.

A copy of this order be sent to the concerned Jail Superintendent forthwith.

8.

The petition is disposed of in above terms.

SAURABH BANERJEE, J MARCH 11, 2025/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.