JITENDER @ KALLA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.07.2025 + W.P.(CRL) 1563/2025 JITENDER @ KALLA .....Petitioner Through: Ms. Neha Kapoor and Mr. Kushal Mehta, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J (ORAL) 1. The petitioner, by way of this writ petition, seeks issuance of writ in the nature of certiorari for quashing of order bearing number F.10(3670839)/CJ/Legal/PHQ/2024/6774 dated 01.10.2024, passed by the Office of Director General of Prisons, Prison Headquarters, Tihar, and issuance of writ in the nature of mandamus seeking grant of first spell of furlough for a period of 21 days. 2. As evident from records, the petitioner herein is presently lodged in Central Jail No. 4, Tihar, New Delhi, and is serving life sentence awarded to him in cases arising out of FIR No. 67/1999, registered at Police Station Keshav Puram, Delhi, for commission of offence punishable under Sections 302/307 of the Indian Penal Code, Signature Not Verified W.P.(CRL) 1563/2025 Page 1 of 7 Digitally Signed By:ZEENAT PRAVEEN Signing Date:09.07.2025 17:58:28 1860 [hereafter „IPC‟] and FIR No. 68/1999, registered at Police Station Mukherjee Nagar, Delhi, for commission of offence punishable under Sections 302/120B of the IPC. 3. The trial in both the aforesaid FIRs was concluded and the appellant was convicted for the alleged offences vide judgments and orders on sentence dated 17.03.2010. However, the petitioner had assailed the said judgments and orders by way of appeals (i.e. CRL.A. 666/2010 and 667/2010), and this Court had ordered re-trial in these cases. After re-trial, the petitioner was again convicted in these FIRs by the l