Mr. Siddharth Yadav and Mr. Anmol Kumar Pandey, Advocates v. STATE
Case Details
Acts & Sections
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2578/2025 CHANDAN .....Petitioner Through: Mr. Siddharth Yadav and Mr. Anmol Kumar Pandey, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 08.10.2025 1. Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for grant of First Spell of Furlough for a period of three weeks in FIR No.0312/1993 under Section 302 IPC, Police Station: Kashmere Gate. 2. It is submitted that the Petitioner was convicted under Section 302 Indian Penal Code, 1860 for life imprisonment by the learned Trial Court vide Order dated 13.11.1996 and has been serving his sentence. His CRL.A.130/1997 was dismissed by this Court vide Order dated 02.07.2010. Hon’ble Supreme Court granted Bail to the Petitioner in SLP (Crl.) Appeal No. 788/2012 vide Judgment dated 09.05.2012. Hon’ble Supreme Court dismissed the Appeal of the Petitioner vide Judgment dated 05.04.2024 and directed him to surrender in four weeks. In due compliance of the Hon’ble Supreme Court, Petitioner surrendered on 04.05.2024. 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 13/10/2025 at 12:35:40
3. Thereafter, he moved his Application for grant of Furlough, which has been dismissed by the concerned Jail Authorities on 06.08.2025. The Furlough is sought on the ground that the Impugned Order is illegal and has been passed without considering the facts. 4. It is urged that the Petitioner be granted first spell of Furlough for a period of three weeks. He has maintained good conduct throughout the period of incarceration and deserves to be granted Furlough. The Petitioner need to arrange funds for his family, as he is the only earning member. He belongs to poorest segment of the Society and needs to arrange for himself and his family. He has never misused the liberty. 5. Hence, the prayer is made for setting aside Order bearing F.10(3806591/CJ/Legal/PHQ/2025/4449 dated 06/08/2025 passed by the Respondent and grant of First Spell of Furlough to the Petitioner for a period of three weeks. 6. Status Report has been filed on behalf of the State, wherein it is stated that Petitioner’s family consists his wife Prem Lata (aged 53 years), and two daughters namely Himanshi (aged 24 years) and Hina (aged 22 years) and one son namely Deepak (aged 21 years). They are resident of 4157, Sarai Jat, Gali Barna, Sadar Bazar, Delhi, which is parental home of his wife Prem Lata. 7. Further verification revealed that Petitioner’s wife Prem Lata and son Deepak work at an Automotive Spare Parts’ shops and receive Rs.10,000/- and Rs.7,000/- per month respectively as their wages, while his two daughters Himanshi and Hina are pursuing B.Ed. and M.A. respectively. 8. Impugned Order is justified on the ground that all members of Petitioner’s family are major and two of them are earning. Petitioner does 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 13/10/2025 at 12:35:40 not have a permanent address and he has already been awarded sentence for life imprisonment. It is therefore, submitted that present Writ Petition is liable to be dismissed. Submissions heard and record perused. 9. Earlier Application for grant of First Spell of Furlough was dismissed by Jail Authority vide Order dated 06.08.2025 by observing that as per Rule 1223(1) of Delhi Prison Rules, 2018, the prisoner must have a good conduct in prison and should have earned reward in last 03 Annual Good Conduct Reports. Since the Petitioner surrendered only in the year 2024, he has not earned 03 AGCR consecutively. Therefore, he is not entitled for Furlough. 10. It is not in dispute that the conviction of the Applicant first came in the year 1996 and he was in jail, while his Appeal was being heard by this Court, which was dismissed vide Judgment dated 02.07.2010. Thereafter, in SLP (Crl.) Appeal No. 788/2012 vide Judgment dated 09.05.2012. Hon’ble Apex Court granted Bail to the Petitioner and he remained on Bail till 05.04.2024, when his SLP was dismissed and he was directed to surrender within four weeks. 11. To state that there are no three consecutive AGCR may not be correct, as it is nowhere stated in the Rule 1223(1) of Delhi Prison Rules, 2018, that there must be AGCR of immediately preceding three years. 12. The Record shows that the Petitioner was in custody since 1996. Nominal Roll of the Petitioner also reflects that he had been granted Furlough in the years 2011 and 2012. He is stated to be working as Jail Factory Sahayak and his conduct is reported to be satisfactory with no punishment. 13. Considering the Petitioner’s overall satisfactory record and also his 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 13/10/2025 at 12:35:40 prior period of incarceration when there was no Complaint against him, the Petitioner be released on First Spell of Furlough for a period of three weeks, after verifying his address and on the following terms and conditions: i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent. ii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of furlough. iii. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted, if required. The said telephone number shall be kept active and operational at all the times by the petitioner. iv. The petitioner shall ordinarily reside at the address mentioned in the Petition. v. Immediately upon the expiry of period of furlough, the Petitioner shall surrender before the Jail Superintendent. vi. The period of furlough shall be counted from the day when the Petitioner is released from jail. 14. Writ Petition along with pending Application is disposed of. NEENA BANSAL KRISHNA, J. OCTOBER 8, 2025/R
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2578/2025 CHANDAN .....Petitioner Through: Mr. Siddharth Yadav and Mr. Anmol Kumar Pandey, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 08.10.2025 1. Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for grant of First Spell of Furlough for a period of three weeks in FIR No.0312/1993 under Section 302 IPC, Police Station: Kashmere Gate. 2. It is submitted that the Petitioner was convicted under Section 302 Indian Penal Code, 1860 for life imprisonment by the learned Trial Court vide Order dated 13.11.1996 and has been serving his sentence. His CRL.A.130/1997 was dismissed by this Court vide Order dated 02.07.2010. Hon’ble Supreme Court granted Bail to the Petitioner in SLP (Crl.) Appeal No. 788/2012 vide Judgment dated 09.05.2012. Hon’ble Supreme Court dismissed the Appeal of the Petitioner vide Judgment dated 05.04.2024 and directed him to surrender in four weeks. In due compliance of the Hon’ble Supreme Court, Petitioner surrendered on 04.05.2024. 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 13/10/2025 at 12:35:40
3. Thereafter, he moved his Application for grant of Furlough, which has been dismissed by the concerned Jail Authorities on 06.08.2025. The Furlough is sought on the ground that the Impugned Order is illegal and has been passed without considering the facts. 4. It is urged that the Petitioner be granted first spell of Furlough for a period of three weeks. He has maintained good conduct throughout the period of incarceration and deserves to be granted Furlough. The Petitioner need to arrange funds for his family, as he is the only earning member. He belongs to poorest segment of the Society and needs to arrange for himself and his family. He has never misused the liberty. 5. Hence, the prayer is made for setting aside Order bearing F.10(3806591/CJ/Legal/PHQ/2025/4449 dated 06/08/2025 passed by the Respondent and grant of First Spell of Furlough to the Petitioner for a period of three weeks. 6. Status Report has been filed on behalf of the State, wherein it is stated that Petitioner’s family consists his wife Prem Lata (aged 53 years), and two daughters namely Himanshi (aged 24 years) and Hina (aged 22 years) and one son namely Deepak (aged 21 years). They are resident of 4157, Sarai Jat, Gali Barna, Sadar Bazar, Delhi, which is parental home of his wife Prem Lata. 7. Further verification revealed that Petitioner’s wife Prem Lata and son Deepak work at an Automotive Spare Parts’ shops and receive Rs.10,000/- and Rs.7,000/- per month respectively as their wages, while his two daughters Himanshi and Hina are pursuing B.Ed. and M.A. respectively. 8. Impugned Order is justified on the ground that all members of Petitioner’s family are major and two of them are earning. Petitioner does 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 13/10/2025 at 12:35:40 not have a permanent address and he has already been awarded sentence for life imprisonment. It is therefore, submitted that present Writ Petition is liable to be dismissed. Submissions heard and record perused. 9. Earlier Application for grant of First Spell of Furlough was dismissed by Jail Authority vide Order dated 06.08.2025 by observing that as per Rule 1223(1) of Delhi Prison Rules, 2018, the prisoner must have a good conduct in prison and should have earned reward in last 03 Annual Good Conduct Reports. Since the Petitioner surrendered only in the year 2024, he has not earned 03 AGCR consecutively. Therefore, he is not entitled for Furlough. 10. It is not in dispute that the conviction of the Applicant first came in the year 1996 and he was in jail, while his Appeal was being heard by this Court, which was dismissed vide Judgment dated 02.07.2010. Thereafter, in SLP (Crl.) Appeal No. 788/2012 vide Judgment dated 09.05.2012. Hon’ble Apex Court granted Bail to the Petitioner and he remained on Bail till 05.04.2024, when his SLP was dismissed and he was directed to surrender within four weeks. 11. To state that there are no three consecutive AGCR may not be correct, as it is nowhere stated in the Rule 1223(1) of Delhi Prison Rules, 2018, that there must be AGCR of immediately preceding three years. 12. The Record shows that the Petitioner was in custody since 1996. Nominal Roll of the Petitioner also reflects that he had been granted Furlough in the years 2011 and 2012. He is stated to be working as Jail Factory Sahayak and his conduct is reported to be satisfactory with no punishment. 13. Considering the Petitioner’s overall satisfactory record and also his 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 13/10/2025 at 12:35:40 prior period of incarceration when there was no Complaint against him, the Petitioner be released on First Spell of Furlough for a period of three weeks, after verifying his address and on the following terms and conditions: i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent. ii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of furlough. iii. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted, if required. The said telephone number shall be kept active and operational at all the times by the petitioner. iv. The petitioner shall ordinarily reside at the address mentioned in the Petition. v. Immediately upon the expiry of period of furlough, the Petitioner shall surrender before the Jail Superintendent. vi. The period of furlough shall be counted from the day when the Petitioner is released from jail. 14. Writ Petition along with pending Application is disposed of. NEENA BANSAL KRISHNA, J. OCTOBER 8, 2025/R