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High Court of DelhiW.P.(CRL)/1819/2024

Usman Khan @ Bunty v. State Of NCT Of Delhi

2024-08-23Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1819/2024 USMAN KHAN @ BUNTY .....Petitioner Through:

Mr. Kuldeep Gaur, Advocate through VC.

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

Mr. Yasir Rauf Ansari, ASC, Crl. for State.

Insp./I.O. Arun Sindhu, ARSC/Crime Branch, Shakarpur, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.08.2024 1.

The present Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner challenging the Order dated 28.03.2024 vide which the application for furlough has been rejected in terms of the Rule 1224 of the Delhi Prison Rules, 2018, the request for simultaneous furlough to co-accused convicts are ordinarily not permissible, except when they are family members. On this account, the simultaneous release of the petitioner along with the other co-accused convicts was not allowed. 2.

However, the Nominal Roll of the petitioner reflects that thereafter, the petitioner has enjoyed the furlough from 10.04.2024 to 24.04.2024. 3.

The only grievance of the counsel for the petitioner is that because there are five convicts, he is unable to avail the furlough because of the 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 28/08/2024 at 12:36:57

applications of the other co-accused persons seeking furlough. 4.

Learned counsel for the petitioner requests that the petitioner would be able to enjoy the furlough in case the applications for furlough of the other co-accused be decided in a time-bound manner. 5.

Considering the submissions made, the concerned Jail Superintendent is directed to decide the applications for furlough of the other co-accused persons as and when they are moved by them, within 15 days in accordance with the Delhi Prison Rules, 2018.

6.

With the aforesaid direction, the present petition is disposed of. NEENA BANSAL KRISHNA, J AUGUST 23, 2024 S.Sharma 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 28/08/2024 at 12:36:57