RAHUL DEV vs STATE GNCT OF DELHI

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31.07.2025 + W.P.(CRL) 1267/2025 RAHUL DEV .....Petitioner Through: Ms. Priya Bhardwaj, Advocate (through videoconferencing). versus STATE GNCT OF DELHI .....Respondent Through: Mr. Yasir Rauf Ansari, ASC for State with Inspector Ashwani, PS Maurya Enclave. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner has assailed order dated 08.04.2025 of the competent authority whereby his application for release on first spell of furlough for a period of three weeks was rejected. The petitioner has also sought release on furlough. 2. I have heard learned counsel for the petitioner and learned ASC. 3. As per the impugned order, furlough application of the petitioner was rejected on two grounds, namely, earlier in the year 2019 when released on furlough, he did not surrender on due date, so had to be arrested on 03.09.2021; and thereafter on 30.08.2024, he was punished for misbehaviour with the jail staff. W.P.(CRL) 1267/2025 Page 1 of 2 pages Digitally signed by GIRISH Signature Not Verified GIRISH KATHPALIA KATHPALIA Date: 2025.07.31 17:30:29 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:31.07.2025 17:55:18 4. So far as the punishment dated 30.08.2024 is concerned, the same was not approved by the Principal District & Sessions Judge, so the same cannot be a hurdle for the petitioner. So far as the earlier punishment of the year 2021 is concerned, as fairly submitted by learned ASC, adverse effect of the same survived only for three years. Further, admittedly even subsequent to the punishment imposed in 2021, the petitioner was released three times on parole. 5. In other words, there was no justification for rejecting the furlough application of the petitioner, so the impugned order i