BHAGWAN MALIK @ RAJESH @ BABU vs STATE OF NCT OF DELHI

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 24.01.2025 + W.P.(CRL) 261/2025 BHAGWAN MALIK @ RAJESH @ BABU ....Petitioner Through: Mr.Faraz Maqbool, Ms. A. Sahitya Veena and Ms. Sana Juneja, Advs. Versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC (Criminal) with Mr. Abhijeet Kumar and Mr. Anurag Arora, Advs. for the State along with Insp Vipin Kumar. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J (ORAL) 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(003472811)/ CJ/LEGAL/PHQ/2024/M-303 dated 08.01.2025 passed by the competent authority, and seeks issuance of writ in the nature of mandamus, directing the respondent to release the petitioner on first Signature Not Verified W.P.(CRL) 261/2025 Page 1 of 5 Digitally Signed By:AANCHAL TAGGAR Signing Date:24.01.2025 17:31:25 spell of furlough for a period of three weeks. 2. Issue notice. Ms. Rupali Bandhopadhya, 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. 111/2006, for offences punishable under Sections 302/394/34 of the Indian Penal Code, 1860 (hereafter „IPC‟) registered at Police Station Sri Niwas Puri, Delhi. It is submitted by the learned counsel appearing for the petitioner that the petitioner has been in judicial custody for last 18 years and 7 months and has been granted furlough on earlier occasion in the past. 4. Per Contra, the learned ASC appearing on behalf of the State submitted th