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High Court of DelhiW.P.(CRL)/718/2025

Praveen Rana v. State Of NCT Of Delhi

2025-03-03Hon'Ble Ms. Justice Manmeet Pritam Singh Arora2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 718/2025 & CRL.M.A. 6641/2025 PRAVEEN RANA .....Petitioner Through:

Mr Shashwat Misra, Advocate versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya, Ms. Priyam Agrawal, Advocates SI Satyander, PS SP Badli

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 03.03.2025 CRL.M.A. 6641/2025 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 718/2025 3.

This petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C.')] seeking release on furlough for a period of three (3) weeks to carry out the 'barsi' ceremony of his late wife and late grandmother. 4.

Issue notice. Learned Standing Counsel (Crl.) accepts notice. He submits that the Petitioner was released on parole and he subsequently surrendered on 17.01.2025. He states in accordance with the Delhi Prison W.P.(CRL) 718/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:38:33

Rules, 2018, the Petitioner is entitled to apply for furlough following the lapse of a period of one (1) month. He submits that this one (1) month period expired on 17.02.2025; however, the Petitioner had applied for furlough on 06.01.2025, while still on parole, which resulted in the dismissal of said application by impugned order dated 04.02.2025. 5.

He submits that the requisite one (1) month period has now elapsed as of 17.02.2025; consequently, the Petitioner is now entitled to apply for furlough and is therefore at liberty to submit his application to the competent authority.

6.

After some arguments, learned counsel for the Petitioner seeks liberty to withdraw the petition and move an appropriate application before the competent authority within a period of one (1) week. 7.

The competent authority is directed to consider the said application in accordance with law and communicate the decision to the Petitioner forthwith, considering that the Petitioner became eligible for furlough w.e.f. 17.02.2025.

8.

Accordingly, the present petition is disposed of. MANMEET PRITAM SINGH ARORA, J MARCH 03, 2025/msh/AM Click here to check corrigendum, if any W.P.(CRL) 718/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:38:33