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HIGH COURT OF DELHI
Date of Decision: 28.05.2025
VIKRAM PAL .....Petitioner
Through: Mr. Chetan Bhardwaj, Ms. Priyal Bhardwaj, Mr. Pulkit Tripathi and
Mr. Dhanush Kumar, Advocates.
Through: Mr. Anand V. Khatri, ASC for State
SI Gulshan Dahiya, PS K.M. Pur.
JUDGMENT
1. The petitioner has assailed order dated 05.05.2025 of the competent authority whereby his request for second spell of furlough for one week was rejected, holding that he had already availed 65 days furlough in the present conviction year while he was entitled to only 49 days as per Rule 1221 of Delhi Prison Rules.
2. It is contended by learned counsel for petitioner that the figure of 65 days was wrongly calculated since the period spent by the petitioner outside jail as exemption from surrender was also treated as furlough period whereas GIRISH KATHPALIA KATHPALIA Date: 2025.05.28 14:28:25 +05'30' W.P.(CRL) 1803/2025 pages this court vide order dated 12.02.2025 had held that the said period would not be treated as furlough, but as parole. Learned ASC accepting notice submits that order dated 12.02.2025 of the predecessor bench was not challenged.
3. At this stage, learned counsel for petitioner requests and learned ASC supports that this petition be disposed of directing the competent authority to treat this petition as a representation and take decision on grant of furlough.
4. Accordingly, the petition is disposed of with the directions that the competent authority shall treat this petition as representation of the petitioner and decide the same within two weeks. Of course, depending upon the outcome of decision, the petitioner shall have liberty to file fresh proceedings in accordance with law. Pending application stands disposed of.
5 Copy of this order be sent to the concerned Jail Superintendent to ensure compliance. (JUDGE) MAY 28, 2025