VIKRAM YADAV vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.03.2025 + W.P.(CRL) 949/2025 VIKRAM YADAV .....Petitioner Through: Ms. Urvashi Jain, Advocate. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Arjit Sharma, Advocate with SI Anil from PS Seemapuri CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner has assailed order dated 02.01.2025 passed by the jail authorities, rejecting his request for being released on first spell of furlough. Learned counsel for respondent accepts notice. 2. It appears that the petitioner, suffering jail sentence in case FIR No.611/2001 and FIR No. 261/2001 for offences under Sections 186/353/307/34 IPC and Section 302/364A/384/419/120-B IPC of PS Badarpur and PS Seemapuri respectively, sought his release on furlough but his request was declined by way of the impugned order for the reason that on the earlier occasion, when he was released on furlough, he surrendered late by six days and thereby violated the conditions of furlough. As reflected from the impugned order, the petitioner was released on furlough with effect W.P.(CRL) 949/2025 Page 1 of 3 pages Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:25.03.2025 18:37:22 from 27.10.2023 to 10.11.2023, after which he was exempted from surrender by the Hon’ble Supreme Court till 01.10.2024 and on 01.10.2024, his appeal was dismissed, directing his immediate surrender but he surrendered on 07.10.2024. 3. It is submitted by learned counsel for petitioner that petitioner failed to surrender on 01.10.2024 itself because the counsel representing him before the Supreme Court failed to communicate to him about dismissal of the appeal and directions to surrender. 4. In similar circumstances, before a coordinate bench in W.P.(Crl) 353/20