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High Court of DelhiW.P.(CRL)/2801/2025

Jai Ram @ Vikcy v. State Of NCT Of Delhi

2025-10-15Hon'Ble Dr. Justice Swarana Kanta Sharma4 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2801/2025 JAI RAM @ VIKCY .....Petitioner Through:

Mr. Luv Manan, Advocate.

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

Mr. Rahul Tyagi, ASC (Crl) for State with Mr. Sangeet Sibou, Advocate with SI Mohit Barnel, PS: Begumpur.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 15.10.2025 1.

By way of the present writ petition, the petitioner is seeking issuance of directions to quash the order dated 05.08.2025, passed by Director General of Prisons, Prison Headquarters, Tihar, Janakpuri, New Delhi and issuance of further directions to the competent authority to release the petitioner on furlough for a period of 03 weeks, in a case arising out of FIR bearing no. 180/2010, registered at Police Station Kanjhawala, Delhi, for the commission of offence punishable under Sections 302/34 of Indian Penal Code, 1860 (hereafter 'IPC').

2.

The case of the petitioner, in brief, is that he is presently confined in Central Jail No.2, Tihar, New Delhi and is serving sentence of rigorous imprisonment for life, awarded by the learned Additional and Sessions Judge, Rohini Courts, Delhi, in case arising out of FIR bearing no. 180/2010, registered at Police Station Kanjhawala, for the commission of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

offence punishable under Section 302/34 of IPC. It is stated that the petitioner was released on 20.11.2019 on parole for a period of 04 weeks and his date of surrender was fixed for 17.12.2019. However, he did not surrender on the due date and had jumped parole. Thereafter, he was rearrested on 28.06.2020 in another case bearing FIR no. 410/2020, registered at Police Station Vasant Kunj, Delhi, for the commission of offences punishable under Sections 25/54/59 of Arms Act and was re-admitted in jail. The petitioner was again released on 18.06.2024 on parole for a period of 04 weeks and his date of surrender was fixed for 15.07.2024. However, he again did not surrender on the due date and jumped parole. Thereafter, he was re-arrested on 08.10.2024 in the same case and was re-admitted in Jail. Accordingly, a punishment ticket dated 14.11.

2024 was awarded to the petitioner for jumping the parole and not surrendering on 15.07.2024, and the same was sent for judicial appraisal. However, the said punishment was not approved by the learned Inspecting Judge, Central Jain No. 2, Tihar, DJ04, Central District, Tis Hazari Courts, Delhi vide Letter No. 8123 dated 13.02.2025. Thereafter, the petitioner had moved an application for grant of furlough, but the same was rejected by the Competent Authority vide order dated 05.08.2025, passed by the Director General of Prisons, Prison Headquarters, Tihar, Janakpuri, New Delhi.

3.

The learned counsel appearing on behalf of the petitioner states that the petitioner herein has undergone incarceration for a period of 14 years and the overall jail conduct of the petitioner is satisfactory. It is stated that the petitioner is suffering from dental ailments and he needs private medical attention and the copy of the medical documents dated 30.07.2025, issued by Central Jail Hospital, Tihar, has also been placed on record. Therefore, it The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is prayed that the petitioner herein is granted furlough for a period of 03 weeks.

4.

The learned ASC for the State, on the other hand, argues that the conduct of the petitioner during the period of incarceration in the jail has been reported to be unsatisfactory in view of the multiple punishments against him. It is also argued that the offences committed by the petitioner are grave in nature and also in view of the adverse and unsatisfactory conduct report of the petitioner, the petitioner should not be released on furlough.

5.

This Court has heard arguments addressed on behalf of the petitioner as well as the State, and perused the material on record. 6.

In the present case, the petitioner herein is not eligible for grant of furlough in terms of Rule 1223 of the Delhi Prison Rules, 2018, as he has not earned three annual good conduct reports, which is a condition precedent for grant of furlough as per Rule 1223(i). His jail record also reveals that he had jumped parole in 2019 and was re-arrested on 28.06.2020. Thereafter, he was released on parole from 18.06.2024 to 15.07.2024 and again he had jumped the parole and was re-arrested on 08.10.2024. On that account also, he is not eligible for grant of furlough in view of Rule 1224(iii) of the Delhi Prison Rules.

7.

This Court is also of the opinion that furlough is a reward to the convicts for maintaining good conduct in the jail, and since the present petitioner has ten punishments recorded against him, in addition to having jumped parole twice, when he did not surrender and got re-arrested on both the occasions, this Court does not find it a fit case to release the present petitioner on furlough.

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

8.

Accordingly, the present petition is dismissed. 9.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J OCTOBER 15, 2025/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.