GUDDU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of the impugned order dtd. 17/7/2023 passed by the respondent vide which the application for release on furlough preferred by the petitioner has been dismissed by the competent authority, and subsequent issuance of writ of mandamus directing the release of the petitioner on furlough for a period of three weeks.

(2.) The petitioner states that he has already undergone incarceration of about 19 years by serving imprisonment for life, after he was convicted for commission of offence under Ss. 302/394/397/34 of Indian Penal Code, 1860 ('IPC') in case FIR No.240/1998, P.S. Mangolpuri, Delhi. The appeal i.e. CRL.A. 303/2000 filed against the said conviction order was dismissed by this Court on 23/4/2010. No SPL was preferred by the petitioner against his conviction.

(3.) The petitioner herein had applied for grant of furlough in the month of March, 2023. However, it was dismissed by the office of Director General of Prisons vide impugned letter dtd. 17/7/2023, the relevant portion of which reads as under: