Hans Raj Alias Hansa v. State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ HANS RAJ ALIAS HANSA .....Petitioner Through:
Ms. Swadha Gupta, Adv.
(through VC) Mr.
Vishesh Wadhwa (DHCLSC), Adv.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Yasir Rauf Ansari, ASC (Criminal) for the State with Mr.
Alok Sharma, Adv.
SI Satish Kumar, PSMangol Puri
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 27.05.2025 1.
The present petition is filed challenging the order no F.10 (003471885)/ CJ/ LEGAL/ PHQ/ 2025/ 437 dated 26.03.2025, whereby the petitioner's application for grant of 1st spell of furlough was rejected. The petitioner is also seeking directions for release on furlough for a period of three weeks. 2.
The petitioner's application seeking furlough was rejected by the respondent authority on multiple grounds. 3.
It is not disputed that on the last occasion when the petitioner was released on furlough, most of the reasons as stated by the respondent authority were present.
4.
The only new ground cited in the rejection order dated 26.03.2025 is that the applicant had previously surrendered late The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
on one occasion after 13 days on 14.10.2024.
5.
It is pointed out that pursuant to the late surrender, a punishment ticket was issued and the same has not been approved by the learned Appraisal Judge attached with the Tihar Jail.
6.
It is not disputed that the petitioner is otherwise eligible for being released on furlough.
7.
The status report is taken on record. The same indicates that the address of the petitioner is verified. 8.
Considering the aforesaid discussion, this Court finds no impediment in directing release of the petitioner on the first spell of furlough for a period of three weeks. In view of the above, the petitioner is directed to be released on the first spell of furlough for a period of three weeks, on the following conditions: a. The petitioner shall furnish a bail bond in the sum of ₹10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent;
b. The petitioner shall submit his fresh residential address, where he shall be residing after his release, to the concerned Jail Superintendent, and shall not change the same without informing the concerned Jail Superintendent; c. The petitioner shall report to the SHO of the local area, once a week on every Sunday at 10:00 AM and shall not leave the National Capital Territory of Delhi during the period of furlough;
d. The petitioner shall furnish his mobile number to the Jail Superintendent as well as to the SHO of the concerned Police Station on which he can be contacted if required. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The said mobile number shall be kept active and operational at all times by the petitioner;
e. The petitioner shall not indulge in any criminal activity during the period of furlough;
f. Immediately upon the expiry of period of furlough, the petitioner shall surrender before the concerned Jail Superintendent;
g. During this period, co-accused, if any, shall not be released on parole/furlough;
h. The period of furlough shall commence form the date of actual release of petitioner.
9.
The petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J MAY 27, 2025 "SS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.