High Court of DelhiW.P.(CRL)/2500/2025

Hans Raj Alias Hansa v. State Of NCT Of Delhi

2025-09-15Hon'Ble Mr. Justice Amit Mahajan2 pages

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2500/2025 HANS RAJ ALIAS HANSA .....Petitioner Through:

Mr. Abhas Mishra & Ms.

Deepika Tyagi, Advs.

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

Mr.

Sanjeev Bhandari, ASC for the State.

Insp. Hitendra Kumar, PS Mangolpuri.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 15.09.2025 1.

By the present petition the petitioner seeks first spell of furlough for a period of three weeks.

The Petitioner is lodged in Tihar Jail on account of his conviction in two FIRs. One being FIR No. 376/1996, under Section 394/398/302/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Mangol Puri and the other being FIR No.159/2001, under Sections 302/34 of the IPC registered at Police Station Tosham, Haryana.

The petitioner's application seeking furlough was allowed by the respondent authorities. The petitioner, however, was not released on the ground that furlough has been considered only in FIR No. 376/1996.

It is the case of the respondent authorities that in order to secure release, the petitioner also has to be granted furlough in the other FIR being FIR No.159/2001, which is registered in Tosham, Haryana.

W.P.(CRL) 2500/2025 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 16/09/2025 at 12:45:22

It is pointed out that a Coordinate Bench of this Court on an earlier occasion in W.P. (CRL) 1386/2016 by order dated 08.07.2016 had granted the benefit of furlough to the petitioner in both the FIRs, specifically noting that since the petitioner has been lodged in Central Jail Tihar, the benefit of furlough can be considered by the respondent authorities.

It is not disputed that the petitioner has been granted the benefit of furlough by the order passed by this Court dated 27.05.2025 in FIR No. 376/1996, Police Station Mangol Puri. No impediment has been pointed out by the State in regard to the benefit being granted to the petitioner, except that another FIR has been registered against him.

As noted above, the same was considered by this Court on an earlier occasion as well and the petitioner was granted the benefit.

In view of the above, the present petition is allowed and the petitioner is granted furlough in both the FIRs being FIR No. 376/1996, under Sections 394/398/302/34, registered at Police Station Mangol Puri and FIR No. 159/2001, under Sections 302/34 of the IPC, registered at Police Station Tosham, Haryana. The petitioner is directed to be released for a period of three weeks on the same conditions as imposed by order dated 27.05.2025 in W.P(CRL) 1334/2025.

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

AMIT MAHAJAN, J SEPTEMBER 15, 2025/"SK"