Mr. Chetan Bhardwaj, Ms. Priyal Bhardwaj, Advocates v. STATE GNCT OF DELHI

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4011/2025 ASHUTOSH TIWARI .....Petitioner Through: Mr. Chetan Bhardwaj, Ms. Priyal Bhardwaj, Advocates. versus STATE GNCT OF DELHI .....Respondent Through: Mr. Amol Sinham ASC (Crl.) with Mr. Ashvini Kumar, Mr. Kshitiz Garg, Mr. Anshul Sharma, Mr. Manan Wadhwa, Advocates for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 24.12.2025 1. Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner, namely, Ashutosh Tiwari, to challenge the Impugned Order dated 20.11.2025 vide which the Furlough Application of the Petitioner, has been rejected with the further prayer that he may be granted First Spell of Furlough for a period of three weeks in FIR No. 128/2011 under Section 302/394/34 of the Indian Penal Code, 1860, registered at Police Station C.R. Park. 2. Status Report has been filed on behalf of the State. Let the same be taken on record. 3. It is submitted that the Petitioner was sentenced to Rigorous 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 26/12/2025 at 12:50:50 Imprisonment for Life with fine under Section 302 IPC and Section 394 IPC vide Judgment dated 22.07.2017 of the learned ASJ. Crl. Appeal No. 859/2017 preferred by the Petitioner before this Court on 29.08.2017, was dismissed on 11.12.2019 thereby confirming the conviction and the Sentence. Crl. Appeal No. 859/2017 has been filed before the Hon’ble Supreme Court of India on 24.03.2023, which is pending trial. The present Petition has been filed to seek First Spell of Furlough, in accordance with Jail Prison Rules. It is submitted that his Application has been dismissed by the Respondent on the grounds that he is incarcerated in multiple jail offences and no reformation has been seen. He was involved in another Case i.e. FIR No. 315/2011 under Section 2/3 P.D. Act, Police Station Kunda, Pratap Garh, (Uttar Pradesh) while he was serving his Sentence. The Furlough was not recommended by the Jail Superintendent. The Impugned Order is challenged on the ground that he has already completed more than 13 years of actual incarceration and his conduct in jail, is satisfactory. He has not availed Parole/Furlough for the last five years. He seeks liberty in order to re-establish social ties with his family and to de-tress himself. The Impugned Order dated 20.11.2025 reflects that no jail punishment has been awarded to the Petitioner, in the past three years and he is eligible for Furlough in terms of Rules 1223 Delhi Prison Rules, 2018. There is no finding given by the Superintendent Central Jail No. 14, Mandoli of providing any adverse remark against the Petitioner. He has already been granted Regular Bail in FIR No. 315/2011 and he has been falsely implicated in FIR No. 79/2023 in which also he has been granted Bail. 4. Reliance is placed on Irfan Badshah vs. State (Govt. of NCT of Delhi) W.P. (Crl.) No. 2096/2015 wherein the Furlough was granted despite non- 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 26/12/2025 at 12:50:50 fulfilment of the criteria in Rule, 1223 DPR, 2018. Reliance is also placed on Asfaq vs. State of Rajasthan, (2017) 15 SCC 55; Manoj Sirohi vs. State Govt. NCT of Delhi, W.P. (Crl.) No. 2209/2020; Mohd. Suleman vs. State of NCT of Delhi, W.P. (Crl.) No. 279/2023 and Budhi Singh vs. State of NCT of Delhi, (2025: DHC: 5598-DB). Hence, a prayer is made that he may be granted First Spell of Furlough. 5. The Petition is vehemently opposed by learned ASC on the ground of subsequent events. It is submitted that the Application of the Petitioner for grant of Furlough, was re-considered in the light of information received from the learned counsel for the Petitioner on 17.11.2025 that he is on Bail in FIR No. 815/2011. After re-consideration, his Furlough Application has again been rejected on 11.12.2025. Submissions heard and the record perused. 6. The record reflects that the Petitioner has been in judicial custody for more than 13 years and he has not availed Furlough/Parole in the last five years. The Status Report states that the verification of Applicant’s conduct, residential address, other criminal Cases, social and financial status etc., has already been obtained. The nominal roll also reflects that there has been no jail punishment in the last three years. There is no mention of there being any jail imprisonment but it is generically noted that the conduct of the Petitioner in the Jail, is unsatisfactory. The nominal roll on the other hand reflects that he is working as a Jail Sahayak with no punishment in the last five years. 7. Considering the totality of the circumstances, the Petitioner be released on first spell of Furlough for a period of three weeks, on the following terms and conditions: 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 26/12/2025 at 12:50:50 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. 8. The Petition stands disposed of. NEENA BANSAL KRISHNA, J DECEMBER 24, 2025/RS