$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 262/2025 & CRL.M.A. 2264/2025 SANJAY KUMAR VALMIKI .....Petitioner Through: Mr. Faraz Maqbool, Ms. Sana Juneja and Mr. Chandan Kumar, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Inspector Ashwani, P.S. Maurya Enclave. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 24.01.2025 1. The Petitioner has been convicted under the judgment of conviction and order on sentence dated 10th April, 2015, in respect of FIR No. 226/2011 under Sections 302, 201, 363 and 376(2)(F) of the Indian Penal Code, 18601 registered at P.S. Maurya Enclave. Through the present petition, the Petitioner seeks quashing of rejection order No. F.10 (3533594)/CJ/Legal/PHQ/2024/M-153 dated 2nd January, 20252, passed by the office of Director General of Prisons3, rejecting the Petitioner’s request for furlough for a period of two weeks. It must be noted that the name of the police station where the concerned FIR was filed, has been wrongly mentioned in the impugned judgment. 2. Be that as it may, the Petitioner’s request for grant of furlough has 1 “IPC” 2 “Impugned order” 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 27/01/2025 at 12:40:26 been rejected vide the impugned order on the grounds that the Petitioner has been convicted of an offence of heinous nature and there was strong opposition for grant of furlough by the police authority. On this aspect, counsel for Petitioner, points out that the Petitioner was earlier released for furlough on three occasions. Once, by order dated 1st March, 2024 passed by this Court in W.P.(CRL) 2771/2022. Thereafter, through order dated 24th May, 2024, passed by the D.G. (Prisons) and for the third time, by way of order dated 9th October, 2024, passed by this Court in W.P.(CRL) 3168/2024. 3. In such circumstances, Counsel for the Petitioner submits that the reasoning given in the impugned order, rejecting the Petitioner’s request for furlough, is not sustainable. He urges the Petitioner has been previously released of furlough on three occasions and has complied with the conditions imposed by on him each time and has duly surrendered himself after the expiry of the period of furlough. 4. The Court has considered the contentions of the parties. It is not in dispute that the Petitioner has been convicted of a serious offence of a heinous nature and has been sentenced to undergo rigorous imprisonment for life, with a further stipulation that till he suffers rigorous imprisonment for a period of 25 years, he shall not be entitled to seek remission. As per the nominal roll placed on record, as on 9th January, 2025, the Petitioner has undergone a period of 13 years, 5 months and 25 days of imprisonment. 5. However, it is also noted that as per the nominal roll, the overall conduct as well as the jail conduct of the Petitioner for the last one year, has been found to be satisfactory. In such circumstances, and considering the 3 “D.G. (Prisons)” 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 27/01/2025 at 12:40:26 fact that the Court has previously allowed the Petitioner’s request for furlough, the reasons for rejection of the Petitioner’s request in the impugned order seem to be mechanical and without application of mind. 6. In light of the foregoing the present writ petition is disposed of with the following directions: (i) The impugned order dated 2nd January, 2025, passed by the D.G. (Prisons) is set aside. (ii) The Respondent is directed to reconsider the Petitioner’s request for furlough and take a fresh decision thereon, within a period of four weeks from today. 7. It is directed that while considering the request of grant of furlough, the final order must reflect due application of mind and proper cogent reasons for accepting/declining the said request, in accordance with law. 8. List for compliance on 5th March, 2025. 9. Copy of the order be sent to the concerned Jail Superintendent, for necessary information and compliance. SANJEEV NARULA, J JANUARY 24, 2025 as 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 27/01/2025 at 12:40:26