MANISH@LULU vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05.08.2025 + W.P.(CRL) 202/2025 MANISH@LULU .....Petitioner Through: Ms. Urvashi Jain, Advocate. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Abhijeet Kumar, Advocate with SI Dharmendra Kumar, PS Paharganj. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner, having suffered incarceration for fourteen years and one month in case FIR No. 189/2010 of PS Paharganj for offence under Section 302/307/324/323/452/34 IPC has assailed the furlough rejection order no. F.10(003626966)/CJ/LEGAL/PHQ/2024/8346 dated 21.11.2024. 2. The nominal roll and status report have been received from the jail. 3. I have learned counsel for the respondent. It appears that there is no serious objection to this petition. 4. According to the impugned order, the furlough request of the petitioner was rejected on the ground that on three occasions, after being W.P.(CRL) 202/2025 Page 1 of 2 pages Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:05.08.2025 19:23:52 released on furlough, he surrendered belatedly. On the first occasion, there was delay of fourteen days in surrender and that was the covid period. On the second and third occasions, the delay in surrender was of one day each, which is explained by learned counsel for the petitioner on the ground that petitioner reached the jail late in evening, so he was directed to surrender on the next day. 5. Considering the above circumstances, especially in the light of the overall philosophy of reformation of convict through tools like furlough, the impugned order cannot be sustained. Therefore, the impugned order is set aside, directing immediate release of the petitioner on second spell of furlough for a period of two weeks subject