← Library
High Court of DelhiW.P.(CRL)/1926/2025

Ajit Singh v. State NCT Govt Of Delhi

2025-06-27Hon'Ble Mr. Justice Manoj Jain3 pages

$~SB-28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1926/2025 & CRL.M.A. 18091/2025 AJIT SINGH .....Petitioner Through:

Mr. Shannu Baghel, Mr. Aakash, Mr.

Saksham Kumar and Ms. Disha Gupta, Advocates versus STATE NCT GOVT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar, Advocate for State

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 27.06.2025 CRL. M.A. 18091/2025 (Exemption) Exemption allowed, subject to all just exception. W.P.(CRL) 1926/2025 1.

Petitioner was granted furlough for a period of three weeks as per Delhi Prison Rules, 2018 subject to certain conditions as enumerated in order dated 06.06.2025 passed by concerned Prison Authority. 2.

Petitioner was ready with the surety but he could not come out on furlough simply for the reason that his co-convict is already on furlough and instead of surrendering after the expiry of spell of furlough, he sought extension and such extension has been granted and now he is required to surrender on 01.07.2025.

3.

Petitioner, however, submits that there is family function and Mr. Deepak Peelwan (nephew of petitioner) is getting married and the marriage festivities are scheduled from 30.06.2025 onwards. 4.

Copy of marriage card has also been annexed with the petition. 5.

Learned counsel for respondent/State appears on advance notice and W.P.(CRL) 1926/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

leaves it to the Court to pass appropriate orders. 6.

Admittedly, even if co-convict is on furlough, there is no complete prohibition in simultaneous furlough to the other convict, though, ordinarily, such simultaneous furlough is not permissible. This is quite obvious from Rule No. 1224 of Delhi Prison Rule, 2018.

7.

Learned counsel for petitioner submits that entire objective behind seeking furlough would stand frustrated if the petitioner is not permitted to join the aforesaid marriage festivities. He submits that petitioner, being maternal uncle (Mama), is required to participate in some of the main functions including bhaat etc.

8.

Co-convict on furlough is though not a family member of the petitioner herein but fact remains that since there is no complete prohibition with respect to simultaneous furlough, keeping in mind the fact that the nephew of the petitioner is getting married and if the furlough is postponed, the objective behind seeking furlough would stand frustrated and nullified and, therefore, in the view of the above, the present petition is disposed of with direction to release the petitioner on first spell of furlough for a period of three weeks w.e.f. 29.06.2025, on his adhering to the other conditions as mentioned in order dated 06.06.2025.

9.

A copy of this order be transmitted to the Superintendent Jail, Tihar for information and compliance.

10.

A copy of this order be given dasti to learned counsel for petitioner under the signatures of the Court Master.

MANOJ JAIN, J (VACATION JUDGE) JUNE 27, 2025/dr/shs W.P.(CRL) 1926/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.