$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 353/2025 ANIL KUMAR .....Petitioner Through: Mr. Sandeep Khairwal and Mr. Sharad Malhotra, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, SC for State with Ms. Priyam Aggarwal, Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advs. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 31.01.2025 1. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 BNSS seeking following relief: a. Issue a writ of certiorari thereby setting aside the order no. F. 10(003477512)CJ/LEGAL/PHQ/2024/M-1669 Dated 27.12.2024 passed by the DG, Prisons whereby declining the furlough application of the petitioner and b. Issue a writ in the nature of Mandamus directing the respondent to release the petitioner on 1st Spell of furlough for a period of 3 Weeks for the present conviction year in FIR No. 240/2007, PS Mayur Vihar; and, or 2. The learned counsel for the petitioner submits that the petitioner’s application for grant of furlough has been rejected by the respondent vide impugned order dated 25.11.2024 only on the ground that the petitioner had 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 03/02/2025 at 12:39:34 surrendered late by 07 days. 3. Elaborating further on his submissions, he submits that the petitioner had been released on furlough for a period two weeks with effect from 05.03.2024 to 19.03.2024 but after being released he filed an SLP before the Hon’ble Supreme Court in which he was granted stay from surrendering. However, subsequently the SLP of the petitioner was dismissed vide order dated 01.10.2024 but the petitioner surrendered only on 08.10.2024, therefore, there was delay of 07 days in surrendering. 4. He submits that the petitioner could not surrender in time because his counsel who was representing him in the SLP could not communicate the dismissal of SLP and the direction to surrender, which led to the delay. The same ground has been articulated by the petitioner in the present petition. 5. In view of the above, issue notice. The learned Standing Counsel for the State accepts notice. Considering the nature of relief sought, this Court is of the view that the present petition can be disposed of without calling for any reply from the State. 6. Having heard the learned counsel for the petitioner as well as learned Standing Counsel for the State, this Court is convinced with the justification given for seven days delay in surrendering, therefore, the present petition deserves to be allowed. 7. It is also not in dispute that the petitioner has already undergone sentence for a period of 15 years, 04 months and 08 days besides remission of 02 years, 09 months and 19 days. 8. In view of the above, the petition is allowed and the impugned order dated 25.11.2024 is set aside. Resultantly, the respondent is directed to release the petitioner for the first spell of furlough for a period of three weeks 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 03/02/2025 at 12:39:34 subject to his furnishing a personal bond in the sum Rs. 10,000/- and a surety bond of the like amount to the satisfaction of the Jail Superintendent and further subject to the following conditions: (a) The petitioner shall not leave city/NCR region without informing the local SHO; and (b) Petitioner shall provide his mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned. 9. Upon expiry of period of three weeks as stated above, the petitioner shall surrender before the Jail Superintendent. 10. With the aforesaid directions, the petition stands disposed of. 11. Copy of the order be forwarded to the Jail Superintendent for necessary compliance. 12. Order dasti under the Signatures of the Court Master. VIKAS MAHAJAN, J JANUARY 31, 2025/dss 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 03/02/2025 at 12:39:34