RAHUL DEV Vs. STATE ( GOVT NCT OF DELHI)

JUDGEMENT

(1.) By this petition, petitioner had sought furlough.

(2.) The grievance of the petitioner is that he was granted first spell of furlough from 29th June, 2018 to 20th July, 2018 on furnishing cash surety of Rs. 4,000/- as modified by this Court whereafter petitioner filed an application before the Director General (Prisons) for grant of second spell of furlough for a period of two weeks which was granted to him vide order dated 24th August, 2018 but subject to the condition that the petitioner will furnish two sureties of Rs. 10,000/- each and the personal bond of the same amount. Case of the petitioner is that the conviction year of the petitioner starts on 29th August, and despite the petitioner having filed an application on 26th July, 2018 for the second spell of furlough the same was decided on 24th August, 2018 and since only six days remained for completion of conviction year, the petitioner was not permitted to avail the two weeks furlough as granted to him. Petitioner states that he made an application well in time and the delay if any was on account of the processing and verification for which the petitioner cannot be penalized. Further once the petitioner was released on cash surety as modified by this Court vide order dated 23rd May, 2018 in W.P. (Crl.) No.1386/2018 there was no reason for delay in processing the request of furlough which is also contrary to the Standing Order No.82 issued by the office of Director General (Prisons) passed pursuant to the directions of the Division Bench of this Court in W.P. (Crl.) No.1779/2014 titled as 'Court on its own motion vs. Govt. of NCT of Delhi'.

(3.) For the facts noted above, a notice was issued to the Director General (Prisons) to file a reply affidavit and to be present in Court. Director General (Prisons) is present in Court. An affidavit has been filed by the Director General (Prisons). Along with the affidavit, Standing Order No.15 for Grant of Parole and Furlough to the Convicts-Guidelines has also been placed on record.