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High Court of DelhiW.P.(CRL)/1345/2025

Akash @ Bhola v. State (NCT Of Delhi)

2025-05-01Hon'Ble Mr. Justice Sanjeev Narula2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1345/2025 AKASH @ BHOLA .....Petitioner Through:

Mr. Siddharth Yadav, Advocate.

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

Mr. Sanjeev Bhandari, ASC for State with Mr. Sandeep Yadav, SI, PSSadar Bazar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 01.05.2025 1.

The Petitioner is a convict undergoing a sentence of life imprisonment in terms of FIR No. 81/2010 under Sections 302 and 34 of the Indian Penal Code, 18601, registered at P.S. Sadar Bazar.

2.

Through the present writ petition, the Petitioner seeks grant of the first spell of furlough for a period of 3 weeks. The Petitioner had filed an application with the Respondent in this regard, which was pending decision as on the date if first listing.

3.

Considering the above, when the matter first came up on 28th April, 2025, this Court, while issuing notice to the State, directed that the Respondent shall be free to take a decision on the Petitioner's request. 4.

Today, the Court has been apprised that the Petitioner's request has been granted by the competent authority vide order dated 29th April, 2025, a 1 "IPC"

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 03/05/2025 at 15:27:56

copy whereof has been handed over across the board and is perused by the Court.

5.

It is noted that as per the aforesaid order, the Petitioner has been directed to be released on the first spell of furlough for a period of 14 days, subject to furnishing of two sureties of INR 10,000/- each along with a personal bond in the like amount to the satisfaction of the Jail Superintendent.

6.

Counsel for the Petitioner makes an oral request that considering that the Petitioner hails from a poor background and does not have the financial means, the condition of furnishing two sureties of INR 10,000/- be modified. 7.

Considering that the Petitioner has previously been granted similar reliefs, condition No. 1 in the order dated 29th April, 2025, is modified to the extent that the Petitioner shall be released on furnishing of one surety of INR 10,000/- along with a personal bond in the like amount for his release on furlough to the satisfaction of the Jail Superintendent. 8.

Before parting it must also be noted that counsel for the Petitioner has urged that even if the Petitioner were to furnish the modified surety, he would not be released as his co-accused is presently on furlough. Thus, having regard to Rule 1224 of the Delhi Prison Rules, 2018, it is directed that the Petitioner shall be released on furlough, once the furlough spell of the co-accused is completed.

9.

With the above directions, the present petition is disposed of. SANJEEV NARULA, J MAY 1, 2025/nk 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 03/05/2025 at 15:27:56