DEEPAK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed seeking issuance of writ in the nature of certiorari for quashing of rejection order no. F.10(003738211)/CJ/LEGAL/PHQ/2023/54607 dtd. 1/9/2023 passed by the respondent, and for issuance of wit in the nature of mandamus directing the respondent to release the petitioner on first spell of furlough for a period of three weeks.

(2.) Brief facts of the present case are that the petitioner herein was convicted in case FIR No. 582/2016, registered at Police Station Shahbad Dairy, Delhi, for offence under Ss. 376 of IPC and Sec. 6 of POCSO Act. After completion of trial on 24/7/2018, the petitioner was held guilt for the offence under Sec. 376(2)(i) of IPC and accordingly convicted and awarded the sentence of rigorous imprisonment for life and fine of Rs.20,000.00, and in default of payment of fine, simple imprisonment for 60 days, vide order on sentence dtd. 28/7/2018. The appeal against his conviction filed by the petitioner i.e. CRL.A. 925/2018 was dismissed by this Court on 27/4/2023, upholding the order passed by the learned Trial Court.

(3.) It is the case of the petitioner that he had applied to Director General, Prisons, for grant of first spell of furlough for a period of three weeks, however, vide order dtd. 1/9/2023, the same was rejected on the following grounds: