Sunil Kumar v. State (NCT of Delhi)

1. The petitioner has assailed order dated 06.03.2025 of the competent authority whereby his request for first spell of furlough was rejected on the ground that on the earlier occasion, on being released on furlough, he surrendered belatedly after eight days of the due date of surrender.

2. Learned counsel for respondent has submitted the status report and nominal roll which are accepted across the board to be scanned and made part of the record.

3. There appears to be no serious objection to the present petition.

4. It appears that the petitioner was released on furlough on 27.03.2024 and was scheduled to surrender on 10.04.2024. On 01.10.2024, the Hon’ble Supreme Court disposed of his petition, directing him to surrender immediately but he surrendered belatedly on 08.10.2024.

5. Learned counsel for petitioner has taken me through the judicial precedents in similar situation, annexed as Annexure P[4]. In the light of the said precedents and keeping in mind the basic reformatory philosophy, the petitioner deserves to be released on furlough.

6. Under these circumstances, the petition is allowed. Consequently, the impugned order is set aside and petitioner is directed to be released on furlough for a period of three weeks subject to his 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 and also subject to the condition that he shall not leave the National Capital Region without informing the local SHO, to whom he shall provide his mobile phone number, which mobile phone number shall be kept constantly switched on. At the time of releasing the petitioner on furlough, the Jail Superintendent shall inform him in writing the date on which he has to surrender. Copy of this order be sent to the Jail Superintendent for necessary compliance.

GIRISH KATHPALIA (JUDGE) MAY 16, 2025 GIRISH KATHPALIA