Praveen Rana vs State Of Nct Of Delhi & Anr

Girish Kathpalia, J

The petitioner has challenged order dated 30.04.2025 of the competent authority whereby his request for furlough for a period of three weeks was rejected.

Learned ASC accepts notice and in all fairness submits that there is no serious objection.

The request for furlough was declined by way of the impugned order on the ground that the petitioner has not maintained good conduct inside the jail and was awarded multiple punishments, the last punishment dated 17.01.2025 being for surrender after parole by a delay of one day.

Perusal of nominal rolls reflects that jail conduct of the petitioner during past one year has been satisfactory except punishment dated 25.01.2025 of warning on account of one day delayed surrender. There is no other punishment in past one year. Prior to that, punishment of stoppage of canteen and calling facilities for one month was imposed on the petitioner vide order dated 13.07.2023 for recovery of loose tobacco from the petitioner.

It is noticed that in the nominal rolls, even punishment dated 29.10.2022 has been mentioned, despite the fact that the same was not approved by the District & Sessions Judge. Apparently, such punishment was mentioned only to create an artefact against the petitioner. Once the punishment was not approved, it ceased to exist and was void.

So far as one day delayed surrender after parole is concerned, as per respondent’s own standing order, the same shall have no bearing on requests for parole and furlough.

In view of the aforesaid and keeping in mind the overall purpose of the reformatory tool of furlough, the petition is allowed, thereby setting aside order dated 30.04.2025 of the competent authority and directing release of the petitioner on furlough for first spell for a period of three weeks in case FIR No. 188/2017 of PS SP Badli for offence under Section 302 IPC, subject to the petitioner furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent.

Copy of this order be sent to the Jail Superintendent for compliance.

It is directed that at the time of releasing the petitioner on furlough, the Jail Superintendent shall inform him in writing the exact date of surrender.