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High Court of DelhiW.P.(CRL)/3901/2025

Sonu Alias Gagan Singh v. State Of NCT Of Delhi And ORS

2025-12-03Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~120 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3901/2025, CRL.M.A. 35221/2025 SONU ALIAS GAGAN SINGH .....Petitioner Through:

Mr. Vishesh Wadhwa, Ms. Swadha Gupta, Ms. Shubhangi Singh, Mr.

Hemant Mahara and Mr. Aditya Singh, Advs.

versus STATE OF NCT OF DELHI AND ORS .....Respondents Through:

Mr. Sanjay Lao, APP for the State with SI Komal, PS Aman Vihar

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 03.12.2025

O R D E R

1.

The present petition has been filed assailing the impugned order 04.09.2025 (Annexure P-1) whereby petitioner's application for grant of furlough was declined.

2.

The furlough was declined inter alia on the ground that when petitioner was released on emergency parole with effect from 17.04.2020 to 12.06.2020 which was extended from time to time till 05.02.2021 and the date of surrender was fixed as 06.03.2021, but the petitioner jumped the emergency parole and was re-arrested in same case on 06.10.2021. 3.

Issue notice. Mr. Sanjay Lao, Additional Standing Counsel appearing on behalf of respondents accepts notice.

4.

Mr. Vishesh Wadhwa, learned counsel appearing on behalf of the petitioner submits that the petitioner was released on emergency parole during covid period and he could not surrender on the given date because the emergency parole was being extended from time to time, and the petitioner lost track of the date of surrender on account of repeated extensions. 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 04/12/2025 at 13:10:43

5.

This Court finds favour with the justification put-forth by the learned counsel for the petitioner for not surrendering within the time during the covid period.

6.

Accordingly, the present petition is allowed and impugned order is set aside. Consequently, it is directed that the petitioner be released on furlough for a period of three weeks from the date of his release, subject to him furnishing a Personal Bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent, further subject to the following conditions:

(a) The petitioner shall not leave the NCR region without informing the Jail Authorities concerned; and (b) The petitioner shall provide his mobile number to the Jail Authorities concerned which shall be kept in working condition at all times.

7.

Upon expiry of period of furlough of three weeks as stated above, the petitioner shall surrender before the Jail Superintendent. 8.

The petition is disposed of, in the above terms. 9.

The present order has been passed in the peculiar facts and circumstances of the case, as noted hereinabove. 10.

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

11.

Order dasti under the Signatures of the Court Master. 12.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 3, 2025/rr 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 04/12/2025 at 13:10:43