Delhi High Court - Orders
Sanjeev Mahajan vs State (Nct Of Delhi) on 26 April, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1289/2024
SANJEEV MAHAJAN ..... Petitioner
Through: Ms.Gunjan Sinha Jain, Adv.
(DHCLSC)
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr.Amol Sinha, ASC (Crl.),
Mr.Kshitiz Garg, Mr.Ashvini
Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 26.04.2024 CRL.M.A. 12592/2024 (Exemption)
1. Allowed, subject to all just exceptions.
W.P.(CRL) 1289/2024
2. This petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for the petitioner to be released on Furlough for a period of three weeks from the date of his release.
3. The application of the petitioner seeking his release on Furlough has been rejected by the Competent Authority, that is, the Director General of Prisons, Prison Headquarters: Tihar, Delhi vide order dated 04.03.2024 which reads as under:
"1. The said prisoner is not fulfilling criteria This is a digitally signed order.
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 27/04/2024 at 08:00:45 referred in Para 1224(iii) of Delhi Prison Rules 2018 for grant of furlough, as the said convict was released on furlough w.e.f. 12.09.2019 to 27.09.2019 but jumped and re- arrested on 02.12.2019.
Para 1224 (iii) of Delhi Prison Rules 2018 is referred as under:
"Prisoners who are considered dangerous or have, been involved in serious prison, violence like assault, outbreak of riot, mutiny or escape, or rearrested who absconded while released on parole or furlough or who have been found to be instigation serious violation of prison discipline as per the reports in his/her annual good conduct report, shall not be eligible for release on furlough." "
4. The learned counsel for the petitioner submits that the petitioner had overstayed his Furlough, earlier granted, only by a period of less than three months. In any case, his conduct in jail for the last four years has been stated to be satisfactory. The same is also reflected from the Nominal Roll that has been placed on record. The applicant had earlier also been released on Furlough, which indulgence he has not misused.
5. Issue notice.
6. Notice is accepted by Mr.Amol Sinha, the learned ASC.
7. The learned ASC reiterates that as the petitioner had jumped the Furlough and later he was re-arrested, therefore, he is not entitled to be released on Furlough.
8. I have considered the submissions made by the learned counsels. As noted above, the petitioner had earlier also been released on Furlough on seven occasions, till he was released on 12.09.2019, This is a digitally signed order.
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 27/04/2024 at 08:00:45 when is the only occasion that he overstayed; there is no allegation of him having misused the said indulgence; and, he had also been released on Parole at least on four occasions, which he again did not misuse. Merely because the petitioner had overstayed when he was released on Furlough in the year 2019, cannot be a ground to refuse Furlough to the petitioner taking into account his subsequent conduct in the jail.
9. It is important to note that while dealing with the issue relating to furlough, the Court is required to balance the interest of the convict as well as of the society. The Court has to proceed with sensitivity and compassion and grant an opportunity to the convict to re-establish social ties which serves an important purpose.
10. Keeping in view the above, the Order dated 04.03.2024 passed by the Director General of Prisons, Prison Headquarters, Tihar, Delhi is quashed. The petitioner is directed to be released on furlough for a period of three weeks from the date of his release on furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount from the family to the satisfaction of the Jail Superintendent and further subject to the following conditions:-
i. The petitioner shall report to the SHO, Police Station-Jahangir Puri, Delhi on every Saturday, physically. ii. The petitioner shall also provide the SHO of the concerned Police Station his mobile number which shall be kept in working condition at all times and he shall not switch off or This is a digitally signed order.
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 27/04/2024 at 08:00:45 change the mobile number without prior intimation to the SHO concerned. The mobile location be kept on at all times. iii. The petitioner shall not leave the National Capital Territory of Delhi during the period of furlough, without the prior permission of this Court.
iv. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family.
v. The petitioner is directed to surrender before the jail authorities immediately upon the expiry of the period of furlough.
11. The petition is disposed of in terms of the above.
12. Copy of this order be sent to the Jail Superintendent for information and necessary compliance.
13. Copy of this order be given dasti under the signature of the Court Master.
NAVIN CHAWLA, J APRIL 26, 2024/Arya/ss Click here to check corrigendum, if any This is a digitally signed order.
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 27/04/2024 at 08:00:45