SUNIL KUMAR vs STATE (NCT OF DELHI)

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.05.2025 + W.P.(CRL) 919/2025 SUNIL KUMAR .....Petitioner Through: Mr. Siddharth Yadav, Advocate versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Arjit Sharma, Advocate with Inspector Arun, PS Prasad Nagar CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner has assailed order dated 06.03.2025 of the competent authority whereby his request for first spell of furlough was rejected on the ground that on the earlier occasion, on being released on furlough, he surrendered belatedly after eight days of the due date of surrender. 2. Learned counsel for respondent has submitted the status report and nominal roll which are accepted across the board to be scanned and made part of the record. 3. There appears to be no serious objection to the present petition. W.P. (Crl.) 919/2025 Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA Signature Not Verified KATHPALIA Date: 2025.05.16 17:50:28 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:16.05.2025 18:50:15 4. It appears that the petitioner was released on furlough on 27.03.2024 and was scheduled to surrender on 10.04.2024. On 01.10.2024, the Hon’ble Supreme Court disposed of his petition, directing him to surrender immediately but he surrendered belatedly on 08.10.2024. 5. Learned counsel for petitioner has taken me through the judicial precedents in similar situation, annexed as Annexure P4. In the light of the said precedents and keeping in mind the basic reformatory philosophy, the petitioner deserves to be released on furlough. 6. Under these circumstances, the petition is allowed. Consequently, the impugned order is set aside and petitioner is directed to be released on furlough for a period of three weeks subject to his