Mr. Gaurav Sharma, Advocate (DHCLSC) with Ms. Aakanksha Sharma, Ms. Sakshi Jha, Advocates v. STATE GOVT. OF NCT OF DELHI

O R D E R 10.03.2025 CRL.M.A. 7509/2025 (Exemption)

2. Exemption is granted, subject to all just exceptions. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of. W.P.(CRL) 808/2025

4. The present writ petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks grant of first spell of furlough for a period of three weeks in the proceedings emanating from FIR No. 473/2008, registered under Sections 302/34 of the Indian Penal Code, 18601 at P.S. Shakarpur. 1 “IPC” 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 12/03/2025 at 11:50:00 The Petitioner also seeks quashing of the order bearing No. F.10 (003526585)/CJ/Legal/PHQ/2025/M-1650 dated 19th February, 2025 passed by the DG (Prisons), Headquarters, Tihar New Delhi, whereby his request for grant of first spell of furlough has been rejected. Consequently, the Petitioner seeks a direction for the release on furlough.

5. The Petitioner was convicted under Sections 302/34 IPC and is presently serving a life sentence.

6. By way of the impugned order, the Petitioner’s request for grant of furlough was declined for the following reasons: Dated:25.01.2025. “Sub: Regarding grant of furlough to convict Manoj Shah s/o Manav Shah in case FIR No. 473/2008, u/s 302/34 IPC, PS-Shankarpur, Delhi. Ref: F.8/9/SCJ-8/AS(CT)/2025/163, That convict Manoj Shah s/o Manav Shah was released on 02 weeks furlough w.e.f. 18.04.2024 thereafter he was exempted for surrender by Hon’ble Apex Court till 01.10.2024. On 01.10.2024, the Hon’ble Supreme Court dismissed his petition and directed him to surrender. Immediately, but he surrendered late by 14 days on 15.10.2024. Since, he had violated the terms and conditions of furlough, his request for 1st spell of furlough for current conviction year stands rejected. The convict may be informed under proper acknowledgement.” to 03.05.2024,

7. The Petitioner was released on furlough on 18th April, 2024 for a period of two weeks, with the date of surrender being 3rd May, 2024. The aforesaid date of surrender was extended on several occasions by the Supreme Court in W.P. (Crl.) No. 195/2024. The Petitioner contends that on account of a communication gap between him and his counsel, he was unaware that the aforesaid petition was withdrawn by the counsel on 1st October, 2024, and the Petitioner was required to surrender immediately. He was informed about the said development by the jail authorities on 7th October, 2024 and duly surrendered on 15th October, 2024. He submits that the delay was unintentional and when he got to know about 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 12/03/2025 at 11:50:00 the same, he immediately surrendered.

8. The Court has considered the submissions advanced by the Petitioner. As per the impugned rejection order, the dismissal of the Petitioner’s request is based on the delay on his part in surrendering, when he was previously released on furlough with effect from 18th April, 2024. The Court notes that while the Supreme Court disposed of a batch of petitions though a common order dated 1st October, 2024, however, each petition was dealt separately. In the said order, some Petitioners were granted an extension of stay, whereas others, including the present Petitioner, were directed to surrender immediately. Given this, it is plausible that the Petitioner, being a person with limited legal knowledge, was unaware of the specific directions issued in his case due to a communication gap between him and his counsel.

9. Nonetheless, the record reflects that upon learning of the Supreme Court’s directions, the Petitioner voluntarily surrendered on 15th October, 2024 without necessitating any coercive measures. The brief delay of 14 in compliance appears to have arisen inadvertent miscommunication rather than any deliberate attempt to evade the process of law. In view of these peculiar facts, the Court finds it appropriate to extend the benefit of doubt to the Petitioner.

10. As per the nominal roll, the Petitioner has been in custody for 15 years, 10 months and 4 days. He has also earned a remission of 3 years, 2 months and 26 days. While his jail and overall conduct has been found to be unsatisfactory, the same is on account of punishment dated 19th October, 2024 due to late surrender. However, apart from this no other punishments have been awarded to him during the entire period of his incarceration. Therefore, as noted above, given that the delay in surrendering was on account of genuine and bona fide reasons, the Court is of the opinion that 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 12/03/2025 at 11:50:00 same must not prejudice the Petitioner’s right to be released on furlough.

11. It must be noted that the provision of furlough is a benevolent one and is designed for the welfare of prisoners. The provision has the intent of rewarding prisoners for their good behaviour, when traces of reformation can be seen in them. Therefore, considering that the Petitioner had surrendered late on account of a bona fide reason and that he has been previously granted furlough on various occasions, his request for grant of furlough is allowed.

12. Accordingly, impugned bearing No. F.10 (003526585)/CJ/Legal/PHQ/2025/M-1650 dated 19th February, 2025, rejecting the Petitioner’s furlough application is hereby quashed. The Respondent is directed to release the Petitioner on first spell of furlough for a period of 21 days, to re-establish the social-ties with family members, on furnishing of a personal bond in the sum of INR 15,000/- with one surety of the like amount 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 - P.S. Shakarpur, Delhi, 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 SHO - P.S. Shakarpur, Delhi, 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. 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 12/03/2025 at 11:50:00 (iv) The Petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of furlough.

13. Accordingly, the petition is allowed and the order dated 19th February, 2025 is set aside and the Petitioner is directed to be released on furlough.

14. With the above directions, the present petition is disposed of along with pending application

15. Copy of the order be sent to the Jail Superintendent for information and necessary compliance. MARCH 10, 2025/ab SANJEEV NARULA, J 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 12/03/2025 at 11:50:00