Allowed

Guddu v. State of NCT of Delhi

Delhi HC2 Dec 2024W.P.(CRL)/3754/2024

Case brief

AI extract

What is this about?

This Court allowed a writ petition seeking quashing of an order rejecting the petitioner's application for a second spell of furlough. Relying on good conduct and prior Supreme Court directions, the Court directed his release.

What did the court decide?

Three weeks of furlough and directed to surrender upon expiry of the grant, conditional on furnishing a personal bond of Rs. 5,000/- and adherence to specified conditions.

Guddu Vs State of NCT of Delhi — Pension and Retirement Benefits | Delhi HC (2024)

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3754/2024 GUDDU .....Petitioner

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Through: Ms.Tara Narula, Ms.Shivangi Sharma, Ms.Shuranjali B. And Mr.Harshardhan Jain, Advocates

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versus

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STATE OF NCT OF DELHI .....Respondent Through: Mr.Amol Sinha, ASC for State with Insp. Suneel Siddhu

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 02.12.2024

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By way of present petition, the petitioner seeks quashing of the order dated 16.10.2024 passed by DS-Legal, PHQ, Delhi Prisons and grant of 2^nd spell of furlough for a period of two weeks in FIR No.240/1998 registered under Sections 302/394/397 IPC at P.S. Mangolpuri, Delhi.

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Learned counsel for the petitioner submits that the petitioner was earlier released on his first spell of furlough by this Court vide judgment dated 25.04.2024 in W.P.(CRL) 2231/2023 (later modified vide order dated 05.07.2024).

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A perusal of the impugned order would reflect that the petitioner’s application dated 27.09.2024 came to be rejected as he was released on interim bail on 18.03.2003 and was re-arrested in another case on 13.01.2009. Further, a perusal of the aforesaid judgment dated 25.04.2024 would show that while releasing the petitioner on furlough, this Court

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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 03:39:28

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considered the aforesaid aspect of him being re-arrested after a period of 6 years as well as his overall jail conduct. It was also noted that the last punishment awarded to the petitioner was in the year 2019.

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The petition is accompanied by the nominal roll of the petitioner dated 25.10.2024 which also indicates the last punishment being of the year 2019. The petitioner’s jail conduct, based on three Annual Good Conduct Reports in terms of Rule 1223(i) of Delhi Prison Rules, 2018, in the last three years has been reported to be satisfactory. Pertinently, the reason for denying the petitioner’s release during the second spell of furlough is the same as of the first one. The impugned order fails to take into account the detailed order by which the petitioner was directed to be released on his first spell of furlough.

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Considering the aforesaid, the petition is allowed and the petitioner is directed to be released on furlough for a period of two weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.5,000/- to the satisfaction of the concerned Jail Superintendent/Duty J.M./link J.M./concerned Court and subject to the following conditions:-

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i) The petitioner shall not leave the Delhi NCR without prior permission of the concerned Court; ii) At the time of furnishing personal bond, the petitioner would specify the mobile number, which he undertakes to keep operational during the period of his release;

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iii) In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court. iv) The petitioner shall not directly/indirectly try to get in

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touch with the complainant or any other prosecution witnesses or tamper with the evidence;

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v) The petitioner shall surrender upon expiry of the furlough period.

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The petition stands disposed of in the above terms.

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Copy of the order be communicated to the concerned Jail Superintendent for information and necessary compliance as well as to ensure that the orders passed by this Court are taken into account while considering the application for parole/furlough.

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MANOJ KUMAR OHRI, J

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DECEMBER 2, 2024 na

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Guddu v. State of NCT of Delhi

Case brief

What is this about?

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Guddu v. State of NCT of Delhi

Case brief

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