Disposed

Ramanjeet Singh v. State (Nct of Delhi)

Delhi HC7 Mar 2025W.P.(CRL)/159/2025

Case brief

AI extract

What is this about?

Prisoner's second furlough application was rejected solely because he was re-arrested during interim bail in another FIR which had since been compounded, amounting to acquittal under Section 320(8) Cr.P.C. The High Court held reliance on that FIR erroneous and granted two weeks' furlough with conditions.

What did the court decide?

Two weeks' furlough granted from date of release on personal bond of Rs. 10,000 with one surety, subject to reporting and conduct conditions; petition disposed.

Ramanjeet Singh Vs State (Nct of Delhi) — Bail and Remand | Delhi HC (2025)

¶1

$~50

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(CRL) 159/2025 RAMANJEET SINGH .....Petitioner Through: Mr. Siddharth Yadav, Advocate versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, Standing Counsel for State with SI Amit Kumar, PS: Swaroop Nagar

¶4

CORAM:

¶5

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 07.03.2025

¶6

CRL.M.A. 1280/2025 (for exemption)

¶7

Exemption is allowed, subject to all just exceptions.

¶8

The application stands disposed of.

¶9

W.P.(CRL) 159/2025

¶10

The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) impugning the order dated 02.01.2025 passed by the Competent Authority declining the Petitioner’s application for grant of 2^nd spell of furlough of two (2) weeks to the Petitioner in FIR No. 24/2012 registered under Sections 302/326/34 of the Indian Penal Code, 1860 (IPC) at Police Station (P.S.) Swaroop Nagar.

¶11

Learned counsel for the Petitioner states that the impugned order dated 02.01.2025 refers to the offence of the Petitioner being re-arrested on 03.02.2017 during interim bail in another FIR No. 28/2017 registered under Sections 323/452/341 of IPC at PS Swaroop Nagar as the sole ground for declining the 2^nd spell of furlough of two (2) weeks.

¶12

Page 1 of 4

¶13

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 02/07/2025 at 01:04:15

¶14

4.1 He states that the Petitioner was granted 1^st spell of furlough by this Court vide order dated 11.09.2024 in WP(CRL) 2698/2023 and he duly surrendered thereafter. He states that the said order was not considered by the Competent Authority while passing the order dated 02.01.2025.

¶15

4.2 He states that notice in the present petition was issued on 17.01.2025 and this Court on the next date of hearing i.e., 13.02.2025, on the submission of the standing counsel for the State adjourned the matter to enable the Competent Authority to reconsider the application of the Petitioner for grant of 2^nd spell of furlough.

¶16

4.3 He states that thereafter, the application of the Petitioner for grant of 2nd spell of furlough of two (2) weeks dated 21.02.2025 was considered by the Competent Authority and the same was rejected vide the order dated 28.02.2025 again on the same ground that Petitioner while on interim bail was re-arrested 03.02.2017 in another FIR No. 28/2017.

¶17

4.4 He states that the reason for declining the application of the Petitioner by the Competent Authority have already been considered and rejected by this Court in order dated 11.09.2024 passed in WP(CRL) 2698/2023.

¶18

4.5 He states that the other FIR No. 28/2017 in which the Petitioner was arrested has already been compounded on 10.08.2020.

¶19

Learned standing counsel states that it is a matter of record that the after the passing of the impugned order dated 02.01.2025 passed by the Competent Authority, this Court in WP(CRL) 2698/2023 vide order dated 11.09.2024 has granted 1^st spell of furlough of three (3) weeks.

¶20

5.1. He does not dispute that FIR No. 28/2017 has been compounded.

¶21

This Court has considered the submissions of the learned counsels for the parties and perused the record.

¶22

Page 2 of 4

¶23

¶24

The Competent Authority in the impugned order while declining the relief sought by the Petitioner for grant of 2^nd spell of furlough of two (2) weeks has only placed reliance on the re-arrest of the Petitioner in FIR No. 28/2017 while he was on interim bail. The said FIR No. 28/2017 has already been compounded and as per Section 320(8) Cr.P.C. and the effect of said compounding is that the accused has been acquitted. Therefore, the order of the Competent Authority relying upon registration of FIR No. 28/2017 for declining the application for grant of 2^nd spell of furlough of two (2) weeks of the Petitioner is erroneous.

¶25

In view of the aforesaid facts, this Court is satisfied that Petitioner is entitled to grant 2^nd spell of furlough for two (2) weeks from the date of release subject to furnishing a personal bond in the sum of Rs. 10,000/(Rupees Ten Thousand only) with one (1) surety of the like amount to the satisfaction of the Jail Superintendent subject to the following conditions: -

¶26

i. During the period the Petitioner remains out on furlough, the Petitioner shall report to the SHO, PS Swaroop Nagar, every Monday at 11:00 A.M., and will not be kept waiting for more than an hour.

¶27

ii. The Petitioner shall also provide the Jail Superintendent and SHO, PS Swaroop Nagar, with mobile telephone number, which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned.

¶28

iii. The Petitioner shall not leave the National Capital Territory of Delhi during the period of furlough, without the prior permission of this Court.

¶29

Page 3 of 4

¶30

¶31

iv. The Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim’s family.

¶32

v. The Petitioner is directed to surrender before the jail authorities at the expiry of the period of furlough.

¶33

Further in view of the fact the FIR No. 28/2017 has been compounded and the effect of acquittal as per Section 320(8) Cr.P.C. has come into effect. Thus, the registration of the said FIR cannot form the basis for denying the furlough/parole to the Petitioner. The Competent Authority shall bear in mind this observation while deciding the application for parole and/or furlough of this Petitioner.

¶34

Accordingly, the petition is disposed of. Pending applications (if any) are also disposed of as being rendered infructuous.

¶35

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

¶36

The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

¶37

MANMEET PRITAM SINGH ARORA, J

¶38

MARCH 7, 2025/ rhc/sk

¶39

Page 4 of 4

¶40

Ramanjeet Singh v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Ramanjeet Singh v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yogesh Sharma @ Rahul Sharma Vs State NCT of Delhi

Sajeeburahman C P Vs State of NCT of Delhi & Ors. & Ors.

Sanjeev Bhardwaj & Anr. Vs State of NCT of Delhi & Anr.

Raj Kumar Prajapati & Anr. Vs State Gnct of Delhi through SHO & Ors.

Sanjucta Kabasi Vs Registrar General & Ors.

Muskan Sharma & Ors. Vs Union of India & Ors.

Hema Ojha & Anr. Vs State Govt. of NCT of Delhi & Ors.

Anil Kumar Pandey & Ors. Vs State of NCT of Delhi and Anr.

Mustakim Miya @ Muskan Vs State (Nct of Delhi)

Ravinder Kumar Pandey Vs the State ( Govt of NCT of Delhi)

Gulshan Alias Sandeep Alias Monu Vs State of NCT of Delhi

K W/O P Vs State of NCT Delhi and Anr.

Anil Kumar Vs State (Nct of Delhi)

Pawan@Prakash Vs State NCT of Delhi