MOHD. ISLAM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India read with Sec. 482 Cr. P.C has been filed on behalf of the petitioner seeking issuance of writ in nature of certiorari quashing the impugned order bearing No. F.10 (3474280)/CJ/ Legal/ PHQ/ 2023/ 61171 dtd. 3/10/2023 passed by the respondent and; for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on 1st Spell of furlough for a period of three (03) weeks.

(2.) Briefly stated the petitioner is presently confined in Central Jail No. 14, Mandoli, Delhi. By virtue of judgment dtd. 29/3/2010 the petitioner was convicted under Ss. 302/201/34 of the Indian Penal Code, 1860 ('IPC') and Sec. 25 of the Arms Act, 1959 in case arising out of FIR bearing No. 457/2006 registered at Police Station New Ashok Nagar, Delhi and was sentenced to undergo life imprisonment for by the learned Additional Sessions Judge, Karkardooma Courts, Delhi. His appeal against conviction i.e., CRL.A. 1064/2010 was dismissed by this Court vide judgment dtd. 17/9/2013.

(3.) Learned counsel appearing on behalf of the petitioner submits that the impugned order dtd. 3/10/2023 passed by the respondent is not sustainable in the eyes of law as the same is arbitrary, unjust and unfair. It is further submitted that the petitioner is aggrieved by the rejection order, since the application for grant of Furlough to the petitioner has been dealt with in a routine manner without appreciating the fact that the petitioner has spent about 17 years in prison and has maintained good conduct throughout. It is also stated that the petitioner herein has been released on furlough on five different occasions on furnishing personal bond only and has not misused this liberty. It is also stated that it was not appreciated by the competent authority that the petitioner was released on parole two times during his 17 years of incarceration and he had always surrendered on time. It is also stated that the present petitioner has been falsely implicated in FIR bearing No.472/2019 for offences punishable under Sec. 308 IPC registered at Police Station Kalyanpuri, Delhi by the local residents in order to grab his property. It is also submitted that the petitioner in the aforesaid case has been enlarged on bail and moreover it has been almost four years since the alleged offence and as per Rule 1223 of the Delhi Prison Rules, 2018 the present petitioner has satisfactory conduct and has never been issued any punishment tickets. It is also stated that the respondent has committed grave error by rejecting petitioner's application for grant of furlough without appreciating the intent behind the provisions of furlough. It is therefore, stated that the petitioner be granted furlough for three weeks as prayed for.