MONU 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 has been filed on behalf of petitioner seeking following reliefs:

(2.) The petitioner is presently confined in Central Jail No. 2 Tihar, New Delhi. By virtue of judgment dtd. 13/2/2019, the petitioner was convicted under Secs. 302 of IPC in case arising out of FIR bearing No. 260/2016, registered at Police Station South Rohini, Delhi and was sentenced to undergo life imprisonment by the learned Additional Sessions Judge, Rohini Courts, Delhi. His appeal against conviction i.e., CRL.A. 909/2019 was dismissed by this Court vide judgment dtd. 23/5/2023.

(3.) Learned counsel for the petitioner states that the present petitioner has earned last three annual good conduct reports and is fully entitled to avail the liberty of furlough as per Rule 1220, Delhi Prison Rules, 2018. It is stated that respondent failed to appreciate that the petitioner has already spent more than seven years in incarceration excluding remission till now and during the period of incarceration, the petitioner has diligently performed the work as and when assigned by the jail authorities. It has also been stated that the respondent has passed the order rejecting furlough to the petitioner in a very mechanical manner without application of mind. It is therefore prayed that the petitioner be released on furlough for a period of three weeks.