Chetram Saini@Ajay v. State NCT Of Delhi

$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2232/2025 CHETRAM SAINI@AJAY .....Petitioner Through:

Mr. Amitej Kumar Nagar, Adv.

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

Mr. Yasir Rauf Ansari, ASC for State with IO SI Yogesh Kumar PS Defence Colony.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 18.11.2025 1.

The present petition has been filed seeking following relief: "a) Issue a writ in the nature of Certiorari thereby quashing the Punishment Ticket No. 385 dated 13.01.2025 issued against the Petitioner; and/or b) Issue a writ in the nature of Certiorari thereby quashing the order of rejection of Furlough dated 06.06.2025 passed by the Respondent and issue a writ in the nature of Mandamus directing the Respondent to release the Petitioner on Furlough for a period of 03 (three) weeks from the date of his release; and/or"

2.

Mr. Amitej Kumar Nagar, learned counsel appearing on behalf of the petitioner at the outset submits that he is not pressing for the relief prayed in clause (a), and is confining the challenge only to the impugned order dated 06.06.2025 whereby the application of the petitioner for grant of furlough The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

was rejected.

3.

He submits that the application of the petitioner for grant of furlough has been declined on the ground that he was released on furlough w.e.f. 10.11.2023 to 02.12.2024, however, he did not surrender on the fixed date i.e. 09.01.2024, rather surrendered only on 09.10.2024. 4.

He submits that the petitioner had approached the Hon'ble Supreme Court in [W.P.(Crl.) No. 599/2023] titled as "Ombir & Ors vs State (Govt. of NCT of Delhi)" against the rejection of his case for grant of premature release and the Hon'ble Supreme Court vide order dated 24.11.2023 had granted him exemption from surrendering.

5.

He submits that aforesaid writ petition was eventually dismissed vide order dated 11.12.2023 with liberty to the petitioners to approach the jurisdictional High Court.

6.

He submits that the above order of the Hon'ble Supreme Court was not communicated to the petitioner by his counsel and it is for the said reason the petitioner could not surrender within time. 7.

He further contends that after the petitioner came to know of the order dated 11.12.2023 of the Hon'ble Supreme Court, he approached the jail authorities couple of times but he was not taken into custody; eventually the petitioner surrendered on 09.10.2024.

8.

Inviting attention of the Court to the nominal roll, he contends that the overall conduct of the petitioner is satisfactory and even the conduct during the past one year is satisfactory except one punishment dated 13.01.2025 which pertains to the aforesaid delayed surrender on 09.10.2024. 9.

Referring to the nominal roll, he further contends that previously the petitioner has been granted parole and furlough on three occasions each, and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner never misused his liberty and had surrendered within the prescribed time period.

10.

Mr. Yasir Rauf Ansari, learned ASC appearing on behalf of State, on being queried as to the previous conduct of the petitioner, when on earlier occasions he was granted parole and furlough, he fairly states that on earlier occasions the petitioner had never misused the liberty of parole and furlough.

11.

Even the nominal roll suggests that the petitioner had surrendered within the prescribed time as and when he was granted parole or furlough. The conduct of the petitioner during past one year is also satisfactory except on one occasion when he surrendered belatedly on 09.10.2024. 12.

Having regard to the aforesaid facts and circumstances and the spirit of the scheme of furlough, this Court is of the view that the present petition deserves to be allowed. Ordered accordingly.

13.

Consequently, the petitioner is granted furlough for a period of three weeks, subject to his furnishing a bail bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent, further subject to the following conditions:

(a) The petitioner shall not leave city/NCR region without informing the local SHO; and (b) The petitioner shall provide his mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

14.

Upon expiry of period of three weeks as stated above, the petitioner shall surrender before the Jail Superintendent. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

15.

With the aforesaid directions, the petition stands disposed of. 16.

Copy of the order be forwarded to the Jail Superintendent for necessary compliance.

17.

Order dasti under the Signatures of the Court Master. VIKAS MAHAJAN, J NOVEMBER 18, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.