MD SALAUDDIN vs STATE NCT OF DELHI

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.01.2025 + W.P.(CRL) 207/2025 MD SALAUDDIN .....Petitioner Through: Mr. Sunil Choudhary, Advocate (appeared through VC) versus STATE NCT OF DELHI .....Respondent Through: Mr. Amol Sinha, ASC for the State with SI Sunita 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 has been filed on behalf of the petitioner seeking setting aside of the Order No. F.10(003474593)/CJ/LEGAL/PHQ/ 2024/M-1553 dated 24.12.2024 passed by the competent authority and seeks issuance of writ in the nature of mandamus directing the respondent to release the petitioner on first spell of furlough for a period of three weeks. 2. Issue notice. 3. Mr. Amol Sinha, the learned ASC accepts notice on behalf of the State. Signature Not Verified W.P.(CRL) 207/2025 Page 1 of 5 Digitally Signed By:AANCHAL TAGGAR Signing Date:24.01.2025 11:28:12 4. The learned counsel for the petitioner states that the petitioner herein was convicted in case bearing FIR No. 66/2009, for offences punishable under Sections 376/506 of the Indian Penal Code, 1860 registered at Police Station Shahdara, Delhi. 5. The criminal appeal preferred by the petitioner was dismissed by this Court vide judgment dated 30.09.2013. The Special Leave Petition has not been filed by the petitioner. The petitioner herein is serving sentence for the last 16 years. 6. It is submitted by the learned counsel appearing for the petitioner that the petitioner is a law-abiding citizen and has been in judicial custody for last 16 years. It has been pointed out that the petitioner has been granted furlough on