Mohd Sohaib v. State NCT Of Delhi

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 938/2025 & Crl.M.A. 8753/2025 MOHD SOHAIB .....Petitioner Through:

Mr. Faraz Maqbool & Ms.

Deepshikha, Advocate

Versus

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

Mr. Sanjay Lau, Additional Standing Counsel with Mr.

Abhinav Kumar Arya & Mr.

Priayam Aggarwal, Advocates

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.03.2025 1.

The present Writ Petition under Article 226 of the Constitution of India and Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the Petitioner seeking furlough for three weeks as already granted vide Order dated 18.12.2024, but he has not been released till due since the Parole for four weeks granted to co-accused Annas vide Order dated 06.07.2024 is being extended from time to time. Prayer is therefore, made that Petitioner be released on furlough in terms of Order dated 18.12.2024.

2.

In support of above contentions, reliance is placed on Apex Court's decision in Asfaq Vs. State of Rajasthan (2017) 15 SCC 55, wherein guidelines have been issued for grant of Parole and this Court in Ramesh @ Dudhiya Vs. State NCT of Delhi, W.P.(Crl.) 1865/2024, dated 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 02/07/2025 at 00:24:39

23.08.2024, dealt with the question whether an accused can be granted on parole when the co-convict is already on fiurlough. In the said decision this Court observed that Rule 1224 of the Delhi Prison Rules, 2018 only state that simultaneous furlough to co-convict is ordinarily impermissible but can be considered in exceptional circumstances. In view of the fact that brother of Petitioner therein was suffering from Tuberculosis in spine, directed his release on Parole.

3.

Reliance is also placed upon decision of 23.08.2024 of this Court in W.P. (Crl.) 2461/2024, titled as Dinesh Kumar Vs. State (NCT of Delhi).

4.

In the present case, it is submitted that wife of the Petitioner's wife has to undergo blood dialysis as her kidneys have stopped functioning and he is required to take care of his wife and for this reason, Petitioner was granted furlough for three weeks vide Order dated 18.12.2024. 5.

Considering that the rights of Petitioner to avail furlough which was granted in December, 2024 cannot be defeated and the ground that the furlough of co-convict is getting extended from time to time, Respondent-State is directed to forthwith release the Petitioner on furlough in terms of Order dated 18.12.2024.

6.

With aforesaid directions, the present Petition and pending Application are accordingly disposed of.

NEENA BANSAL KRISHNA, J MARCH 24, 2025 r 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 02/07/2025 at 00:24:39