$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2927/2025 & CRL.M.A. 27235/2025 RAJESH @ PARVEEN .....Petitioner Through: Ms. Priyal Bhardwaj and Ms. Satakshi Gupta, Advocates. versus STATE GNCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, ASC for the State with Ms. Priyam Agrawal, Advocate. SI Vivek, PS: Neb Sarai. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 11.09.2025 1. The present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), assails the order dated 18th July, 2025 passed by the Office of the Director General of Prisons, Prison Headquarters, Tihar: Janak Puri: New Delhi, rejecting the Petitioner’s request for grant of furlough and accordingly, seeks grant of first spell of furlough for a period of three weeks. 2. The Petitioner is a convict in FIR No. 231/2009 registered under Sections 302/120B of the Indian Penal Code, 1860 at P.S. Neb Sarai and is currently undergoing life imprisonment. 3. By the impugned order dated 18th July, 2025, the Petitioner’s request for furlough was rejected on the ground that he was issued a punishment This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:26:18 ticket dated 12th May, 2025 for surrendering one day late in relation to the furlough granted to him for the period from 19th April, 2025 till 10th May, 2025. The order reads as under: “As per Standing Order 01/2019 “if the convict happens to commit jail offence (jumped Parole/Furlough) and a punishment of warning has been recorded against him, he shall be eligible for furlough after a gap of one year from the date of punishment. In the present case he convict availed furlough w.e.f. 19.04.2025 to 10.05.2025 and he surrendered late by one day. Since a punishment of warning has been issued against him for late surrender, hence convict may file a fresh application after a gap of one year.” 4. Counsel for the Petitioner states that the delay in the Petitioner’s surrender occurred due to unexpected travel delays. It is further submitted that on all previous occasions when furlough was granted, the Petitioner has duly surrendered within the stipulated time. 5. Copy of the nominal roll is handed over across the board and the same is taken on record. As per Nominal Roll, as on 17th June, 2025, the Petitioner has remained in custody for 14 years, 11 months and 25 days; and that he has also earned remission of 04 years, 01 month and 08 days. His jail conduct for the last one year is satisfactory, barring the aforenoted punishment ticket. 6. Considering the period of incarceration and the fact that the Petitioner was released on furlough on multiple occasions between 2022 and 2025 without any delay in surrendering, the Court is inclined to accept the Petitioner’s explanation for the one-day delay in surrender during the furlough from 19th April, 2025 to 10th May, 2025. Accordingly, the impugned order dated 18th July, 2025 is set aside and the Respondent is directed to release the Petitioner on his first spell of furlough for a period of three weeks, on personal bond and a cash surety in the sum of INR 15,000/- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:26:18 subject to the satisfaction of the Jail Superintendent/Trial Court/Duty Metropolitan Magistrate, and further subject to the following conditions: (i) The Petitioner shall not leave the NCT of Delhi during the period of furlough, without the prior permission of this Court. (ii) The Petitioner shall provide the mobile number(s) to the concerned Jail Superintendent and SHO, at the time of his release, which mobile number shall be kept in a working condition at all times. (iii) The Petitioner shall appear before the concerned SHO on every Monday between 11:00 AM and 11:30 AM to mark his presence. However, he shall not be kept waiting for longer than one hour for this purpose. (iv) The Petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of furlough. (v) Verification of the address given by the Petitioner to be done by the jail authorities before the Petitioner is released on furlough. 7. With the above directions, the present petition stands disposed of, along with pending application. 8. Copy of the order be sent to the Jail Superintendent for information and necessary compliance. SANJEEV NARULA, J SEPTEMBER 11, 2025 d.negi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:26:18