ASHOK KUMAR 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 quashing the order no. F.10 (03743542)/CJ/LEGAL/ PHQ/2023/55198 dtd. 4/9/2023 passed by the respondent, and for issuance of writ 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. 136/2014, registered at Police Station Delhi Cantt, Delhi, for offences under Sec. 376(2) of IPC and Sec. 6 of POCSO Act, and was sentenced to undergo rigorous imprisonment for life for offences under both the Sec. . His conviction was upheld by this Court in CRL.A. 715/2017, but his sentence was modified to the extent that he would undergo rigorous imprisonment for life only for offence under Sec. 376 of IPC.

(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. 4/9/2023, the same was rejected on the ground of nature of crime committed by him and adverse police report.