Full Text
HIGH COURT OF DELHI
Date of Decision: 23.01.2025
DALIP SINGH .....Petitioner
Through: Mr. Dhruva Bhagat and Mr. Chaitanya Malhotra, Advocates
Through: Mr. Amol Sinha, ASC for the State
Lazarus and Ms. SanskritiNimbekar, Advocates and SI Brij Prakash, P.S.
Malviya Nagar.
SI K.P. Singh, P.S. New Ashok Nagar.
JUDGMENT
1. The present petition under Article 226 of the Constitution of India, 1950, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter „BNSS‟) has been filed on behalf of the petitioner seeking setting aside of the Order No. F.10(003524823)/CJ/LEGAL/PHQ/2024/M-163 dated 02.01.2025 passed by the competent authority, and seeks issuance of writ in the nature of mandamus, directing the respondent to release the petitioner on first spell of furlough for a period of three weeks.
2. Issue notice. Mr. Amol Sinha, the learned ASC accepts notice on behalf of the State.
3. The learned counsel appearing on behalf of the petitioner states that the petitioner herein was convicted in case bearing FIR NO. 77/2001, for offences punishable under Sections 302/307/392/120B/34 of the Indian Penal Code, 1860 (hereafter „IPC‟) registered at Police Station New Ashok Nagar, Delhi.
4. The criminal appeal filed on behalf of the petitioner was dismissed by this Court vide judgment dated 19.12.2017. The Special Leave Petition filed on behalf of the petitioner was also dismissed on 23.02.2021, by the Hon‟ble Supreme Court. The petitioner herein, is serving sentence for the last 17 years.
5. It is submitted by the learned counsel appearing for the petitioner that the petitioner has been in judicial custody for last 17 years and has been granted furlough on 03 occasions in the past.
6. Per Contra, the learned ASC appearing on behalf of the State submitted that the petitioner has misused the liberty granted to him, while he was out on furlought for a period of three weeks from 08.01.2024 to 29.01.2024, as he surrendered one week late. Therefore, it is prayed that the present petition be dismissed.
7. This Court has heard arguments, and perused material available on record.
8. The petitioner had applied for furlough, but the same was rejected vide Order No. F.10 (003524823)/CJ/LEGAL/PHQ/2024/M- 163, dated 02.01.2025 passed by Jail Authority the relevant portion of which reads as under: “That he was released on 03 weeks furlough w.e.f. 08.01.2024 to 29.01.2024 and he was granted stay from surrendering by the Hon'ble Apex Court. Further, the Hon'ble Apex Court has dismissed the petition of the convict on 01.10.2024 and directed to surrender immediately but he surrendered lat by 07 days on 08.10.2024. He has violated the condition of furlough. Hence, his request for furlough stands rejected.”
9. This Court notes that as per the nominal roll, the conduct of the present petitioner has been satisfactory, except for that 07 days late surrender. Concededly, the petitioner has been granted furlough on about 03 occasions in the past. Except for one occasion, the petitioner herein, has not misused the liberty of furlough granted to him and has always surrendered on time.
10. The attention of this Court, has also been drawn to Rules NO. 1197 and 1200 of the Delhi Prison Rules, 2018. The said rules read as under:
furlough are: i. To enable the inmate to maintain continuity with his family life and deal with familial and social matters, ii. To enable him to maintain and develop his self- confidence, iii. To enable him to develop constructive hope and active interest in life, iv. To help him remain in touch with the developments in the outside world, v. To help him remain physiologically and psychologically healthy, vi. To enable him to overcome/recover from the stress and evil effects of incarceration, and vii. To motivate him to maintain good conduct and discipline in the prison..."
11. It is evident that Rule 1197 and 1200 provide that the provision of furlough and parole are progressive and correctional measures, and lay down the objectives of furlough and parole. This Court has also gone through Rule 1223 of Delhi Prison Rules, 2018 which provides criteria for grant of furlough. The said rule reads as under:
12. Thus, considering the overall facts and circumstances of the case and that the petitioner has already been granted furlough on previous occasions and has been in judicial custody for past 17 years this Court is inclined to grant furlough to the present petitioner for a period of three (03) weeks, on the following conditions: i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent. ii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of furlough. iii. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner. iv. Immediately upon the expiry of period of furlough, the petitioner shall surrender before the Jail Superintendent. v. The period of furlough shall be counted from the day when the petitioner is released from jail.
13. In view of the above, the present petition stands disposed of.
14. A copy of this judgment be forwarded to the concerned Jail Superintendent for information and compliance.
15. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J JANUARY 23, 2025