BHAGWAN MALIK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India, 1950, read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter "BNSS") has been filed on behalf of the petitioner seeking setting aside of the Order No. F.10(003472811)/ CJ/LEGAL/PHQ/2024/M-303 dtd. 8/1/2025 passed by the competent authority, and seeks 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.) Issue notice. Ms. Rupali Bandhopadhya, the learned ASC accepts notice on behalf of the State.

(3.) The learned counsel appearing on behalf of the petitioner states that the petitioner herein was convicted in case bearing FIR No. 111/2006, for offences punishable under Ss. 302/394/34 of the Indian Penal Code, 1860 (hereafter "IPC") registered at Police Station Sri Niwas Puri, Delhi. It is submitted by the learned counsel appearing for the petitioner that the petitioner has been in judicial custody for last 18 years and 7 months and has been granted furlough on earlier occasion in the past.