(1.) The present petitions have been filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, (for short, 'CrPC') on behalf of the captioned respective Petitioners who seek furlough under the Delhi Prison Rules, 2018 (hereinafter referred to as 'Prison Rules') during the pendency of their appeals before the Hon'ble Supreme Court.
(2.) Petitioner, Budhi Singh in W.P.(CRL) 697/2022, Basant Vallabh in W.P.(CRL) 997/2022, Suresh Chand Sharma in W.P.(CRL) 1044/2022 and Jai Pal Singh in W.P.(CRL) 1067/2022 had preferred the present petitions seeking first spell of furlough under the Prison Rules from the competent authority which was rejected on the ground of pendency of their appeals before the Hon'ble Supreme Court in view of Note 2 to Rule 1224 of the Prison Rules. Their respective rejection orders were challenged by these petitioners by way of aforementioned writ petitions which were disposed of by learned Single Bench of this Court vide judgment dtd. 3/7/2023. Learned Single Bench framed various issues that had arisen in these matters and while disposing some of them referred remaining issues in the form of reference to the Division Bench. The issues framed by the learned Single Judge vide order dtd. 2/12/2022, reads thus: -
(3.) Learned Single Judge vide order dtd. 3/7/2023, gave the following findings with respect to the aforesaid issues: -
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