GULSHAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of present petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks grant of following reliefs:

(2.) The petitioner is presently confined in Central Jail No. 02, Tihar, New Delhi. He was convicted for commission of offence under Ss. 364A/392/394/397 of Indian Penal Code, 1860 ('IPC') and Sec. 27 of Arms Act in case arising out of FIR bearing no. 356/2012 registered at Police Station Prashant Vihar, Delhi and by virtue of order on sentence dtd. 1/7/2016, he was sentenced to undergo rigorous imprisonment for life and payment of fine of Rs.30,000.00, and in default of payment of fine, to undergo simple imprisonment for 18 months. His appeal against conviction i.e., CRL.A. 834/2016 was dismissed by this Court vide judgment dtd. 17/1/2019.

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner had approached the competent authorities for grant of first spell of furlough for three weeks, however, his application for the same was rejected by the authorities vide order dtd. 17/5/2023. It is stated that the reason for the rejection of furlough was that he was released on emergency parole on 16/5/2021, at the time of Covid-19, but he was re-arrested during the period of parole in another FIR No. 114/2022, registered under Ss. 356/379/411/34 of IPC, P.S. Dwarka South, Delhi. It is argued that the petitioner has already been convicted in the said FIR and vide order dtd. 25/5/2023, he has been sentenced to period undergone i.e. 11 months by the learned Trial Court. It is argued that the punishment ticket no. 22, dtd. 9/3/2022, and the appraisal of the punishment by learned Principle and Sessions judge vide order dtd. 19/5/2023 are both unjust, unfair, arbitrary, and against the principles of law. In this regard, it is submitted that the petitioner has been awarded a major punishment, for the reason that he was re-arrested while being on parole, however, the jail authorities have not followed the process as mandated by Rule 1272 and 1273 of Delhi Prison Rules, 2018. It is also argued that neither any show cause notice was given to the petitioner nor any opportunity of being heard or filing any reply. Therefore, it is prayed that the punishment ticket no. 22 dtd. 9/3/2022 be quashed and the petitioner be granted furlough for a period of three weeks.