Naeem @ Naimuddin v. State NCT Of Delhi

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2858/2025 NAEEM @ NAIMUDDIN .....Petitioner Through:

Mr. Shannu Baghel, Mr. Ganpat Ram, Mr. Akash, Ms. Disha Gupta, Mr.

Vikas and Mr. Saksham Kumar, Advocates.

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

Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar, Mr. Aryan Sachdeva and Ms. Priyam Aggarwal, Advocates.

SI Rohit Chahar, P.S. Subhash Place.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.09.2025 1.

The present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeks grant of first spell of furlough for a period of three weeks on cash surety and personal bond, with the modification of conditions imposed in the order dated 24th June, 2025, passed by the competent authority. 2.

The Petitioner is a convict in FIR no. 36/2011 registered under Sections 397/395/34 of the Indian Penal Code, 1860, at P.S. Saraswati Vihar and is currently undergoing life imprisonment. His request for grant of first spell of furlough was allowed by order dated 30th April, 2025, subject to the condition of furnishing two sureties. This condition was subsequently modified by order dated 24th June, 2025, reducing the requirement to one surety.

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 11/09/2025 at 12:46:07

3.

The Petitioner's limited grievance is with respect to the condition requiring surety. He seeks a further modification of the same, praying that he be released on furnishing a cash surety along with a personal bond. 4.

Heard. It is noted that the condition of furlough has already been modified by the competent authority on 24th June, 2025 and instead of two sureties, Petitioner has been directed to furnish one surety. It is further noted that Petitioner's father has deceased on 30th August, 2025, which was duly verified.

5.

As per the Nominal Roll as on 9th September, 2025, the Petitioner has remained in custody for 13 years, 7 months and 16 days. He has also earned remission of 3 years, 1 month and 17 days.

6.

In view of the foregoing, and considering that the Petitioner has been unable to avail the benefit of the furlough order solely due to the inability to fulfill the condition relating to sureties, the Petitioner is hereby directed to be released on furlough for a period of three weeks on the same terms and conditions as stipulated in the order dated 30th April, 2025, subject to the modification that the Petitioner shall furnish a cash surety and a personal bond in the sum of INR 10,000/- instead of the previously required sureties, to the satisfaction of the Jail Superintendent/Trial Court/Duty Metropolitan Magistrate.

7.

With the above directions, the present petition stands disposed of. 8.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

SANJEEV NARULA, J SEPTEMBER 10, 2025/as 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 11/09/2025 at 12:46:07