Mr. Aman Panwar with Mr. Anuj Sehrawat, Advocates v. STATE OF NCT OF DELHI

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI % O R D E R 05.03.2025 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks to be released on his 1st spell of furlough for the year in case FIR No.21/2025 registered under sections 302/365/201/120-B of the Indian Penal Code 1860 (‘IPC’) at P.S.: Bawana, Delhi. The petitioner’s application seeking furlough was rejected by the Jail Authorities vide order dated 08.01.2025 on the ground that the petitioner had violated the conditions of his previous furlough by not surrendering on time. A copy of order dated 08.01.2025 has been appended to the present petition.

2. Notice on this petition was issued vide order dated 30.01.2025, pursuant to which Ms. Chavi Lazarus, learned counsel appearing on This is a digitally signed order. W.P.(CRL) 339/2025 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 12/03/2025 at 11:50:04 behalf of Mr. Amol Sinha, learned ASC for the State has handed-up a copy of Status Report dated 05.03.2025. The same is taken on record.

3. Nominal Roll dated 03.03.2025 has also been received from the concerned Jail Superintendent.

4. The status report records that the petitioner is guilty of breach of the terms of furlough on the last occasion, since he surrendered 13 days late; and therefore he is not entitled to for further spells of furlough. In this behalf, Ms. Lazarus refers to order dated 08.01.2025 which cites the said ground for rejection of the petitioner’s furlough application.

5. Mr. Aman Panwar, learned counsel appearing on behalf of the petitioner submits, that the cause for the delay in surrendering was that vide order dated 07.03.2024 passed in SLP (CRL.) Diary No. 10666/2024 that was then pending before the Supreme Court, the petitioner had been exempted from surrendering while he was on furlough.

6. Upon being queried, Mr. Panwar fairly submits however, that by reason of some controversy that had arisen in relation to the Advocate-On-Record who had appeared in that matter, vide order dated 01.10.2024 passed by the Supreme Court, the SLP was disposed-of as withdrawn, with the Supreme Court accepting the petitioner’s apology.

7. Attention in this behalf is drawn to the following portion of the Supreme Court order 01.10.2024: “As factually incorrect statements have been made in these Petitions, the learned counsel appearing for the petitioners seeks This is a digitally signed order. W.P.(CRL) 339/2025 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 12/03/2025 at 11:50:04 permission to withdraw these Petitions with liberty to file appropriate proceedings before the High Court. The apology tendered by him is accepted. The Special Leave Petitions are, accordingly, disposed of as withdrawn with liberty as prayed.”

8. Learned counsel submits, that as would be seen from the petitioner’s nominal roll, he has been granted interim bail/parole/furlough on 20 prior occasions; and aside from the last occasion when he surrendered 13 days late, the petitioner has always surrendered on time and there is no allegation that he ever misused the liberty granted. Mr. Panwar also submits, that it be noted that the petitioner has served actual custody of more than 15 years and 10 months, and has earned remission of about 03 years and 02 months during the period of his incarceration.

9. Mr. Panwar has also drawn attention to order dated 31.01.2025 passed in W.P.(CRL.) No.353/2025 and order dated 17.02.2025 made in W.P.(CRL) No.549/2025 by Co-ordinate Benches of this court, where in cases relating to other convicts who were also part of the batch petitions then pending before the Supreme Court, the Co-ordinate Benches have been pleased to grant furlough to the convicts in those cases.

10. Upon a conspectus of the facts and circumstances of the case, this is of the view that the petitioner has offered reasonable justification for the delay in surrendering while he was on furlough on the last occasion; and considering the period of his custody and since he has been granted interim bail/parole/furlough on 20 occasions earlier, this court is persuaded to grant to the petitioner – Rakesh s/o This is a digitally signed order. W.P.(CRL) 339/2025 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 12/03/2025 at 11:50:04 Bhagwan Krishan – furlough for a period of 03 weeks from the date of his release subject to the following conditions :

10.1. The petitioner shall furnish a personal bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the learned trial court;

10.2. The petitioner shall not leave the NCT of Delhi without permission of this court and shall ordinarily reside at his address as per prison records;

10.3. The petitioner shall present himself before the S.H.O., P.S.: Bawana every Thursday between 11 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

10.4. The petitioner shall furnish to the S.H.O., P.S.: Bawana, a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

10.5. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent;

10.6. The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any; and

10.7. Upon expiry of the period of furlough, the petitioner shall surrender before the concerned Jail Superintendent forthwith.

11. A copy of this order be sent to the concerned Jail Superintendent forthwith, for information and compliance. This is a digitally signed order. W.P.(CRL) 339/2025 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 12/03/2025 at 11:50:04

13. The petition stands disposed-of in the above terms. Pending applications, if any, also stand disposed-of. MARCH 5, 2025 ANUP JAIRAM BHAMBHANI, J This is a digitally signed order. W.P.(CRL) 339/2025 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 12/03/2025 at 11:50:04