$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 317/2025 & CRL.M.A. 2708/2025 SHAMSHER SINGH .....Petitioner Through: Ms. Gunjan Sinha, (DHCLSC), Mr, Akshay Kumar, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Mr. Priyam Agarwal, Mr. Abhinav Kr. Arya, Advs. SI Mahendra Patel, PS Narela CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 29.01.2025 1. This is a petition filed under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023 seeking to challenge the Order No. F.10(003479737)/CJ/LEGAL/PHO/2024/4-1559 dated 24.12.2024 passed by the respondent, wherein the application for grant of furlough has been dismissed on the ground that the petitioner surrendered 7 days late. 2. It is stated by Ms. Jain, learned counsel for the petitioner that the order dated 01.10.2024 passed by the Hon’ble Supreme Court was not within the knowledge of the petitioner, hence, the petitioner surrendered late. 3. Issue notice. 4. Mr Lao, learned Standing Counsel accepts notice on behalf of the 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 30/01/2025 at 12:45:48 respondent. 5. In the present case, the appellant is a life convict and has already undergone 16 years 5 months of imprisonment. 6. With regard to surrendering late, the reasons given by the learned counsel for the petitioner seems to be plausible and that is why he had surrendered 7 days late. I am of the view that it is a satisfactory explanation. 7. For the said reasons, the petition is allowed and the petitioner is directed to be released on 1st spell of furlough for a period of 3 weeks from the date of his release subject to the following terms and conditions:- (a) The petitioner shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with 01 local surety in the like amount, to the satisfaction of the concerned Jail Superintendent; (b) The petitioner shall provide his mobile number to the concerned IO, which shall be kept in working condition and switched on at all times. The petitioner shall also provide his permanent residential address and in case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned IO; (c) The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any. (d) Upon expiry of the aforementioned period, the petitioner shall surrender before the concerned jail authorities; 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 30/01/2025 at 12:45:48 (e) The petitioner shall not leave the NCR of Delhi and Country without permission of the concerned Court and surrender his passport, if any, at the time of release before the concerned jail authorities. 8. A copy of this order be communicated to the concerned jail authorities for necessary compliance. 9. The petition is allowed and disposed of accordingly. JASMEET SINGH, J JANUARY 29, 2025/sp Click here to check corrigendum, if any 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 30/01/2025 at 12:45:48