High Court allowed the petitioner's petition challenging the rejection of cash surety for furlough. The court directed his release on personal bond of Rs.10,000/ in lieu of surety, considering his history of compliance.
Petitioner released on personal bond of Rs.10,000/- and cash surety of Rs.10,000/- for second spell of furlough.
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BAGENDER MANJHI .....Petitioner Through: Mr.Chetan Lokur and Mr.Vaibhav Kaul, Advts.
versus STATE G N C T OF DELHI .....Respondent Through: Mr.Yasir Rauf Ansari, ASC (Crl.) for the State with Mr.Alok Sharma and Mr.Vasu Agarwal, Advts.
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
CRL.M.A. 29102/2024 (exemption)
Exemption is allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(CRL) 2986/2024
Present petition has been filed challenging the order No. F.10(3721719)/ CJ/Legal/ PHQ/2024/6328 dated 29.08.2024 whereby the request of the petitioner for releasing him on cash surety was declined.
Vide order dated 15.05.2024, the petitioner was granted second spell of furlough for a period of two weeks on furnishing a surety of Rs.10,000/along with a personal bond in the like amount. Learned counsel for the petitioner submits that the petitioner cannot arrange for a surety and if he is
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:35:20
not released on the personal bond, he will not be able to enjoy the second spell of furlough granted vide order dated 15.05.2024.
Issue notice. Learned Additional Standing counsel for the State has accepted the notice. Learned Additional Standing counsel submits that the though the address of the petitioner is verified, but he hails before Bihar and if he is released on personal bond, there may be possibility that he may not return back.
Perusal of the record indicates that earlier in W.P.(Crl.) No.401/2024 vide order dated 22.05.2024, this court had allowed the release of the petitioner on furnishing a personal bond. It was recorded that earlier also the petitioner was released on furlough and he never misused the same. In the circumstances, let the petitioner be released on furnishing personal bond in the sum of Rs.10,000/- on cash surety for a sum of Rs.10,000/- to the satisfaction of the concerned Jail Superintendent and subject to the condition that the petitioner shall satisfy the other conditions as imposed in order dated 15.05.2024.
The petition stands disposed of.
Copy of the order be sent to the concerned Jail Superintendent for information and necessary compliance.
DINESH KUMAR SHARMA, J
SEPTEMBER 26, 2024 rb/ht
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:35:20
2 issues framed by the court
Whether the petitioner can be released on personal bond in lieu of cash surety for the purpose of availing furlough.
Whether the notice issued to the State for challenging the rejection of cash surety was necessary.
BAGENDER MANJHI
STATE G N C T OF DELHI
DINESH KUMAR SHARMA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
