Surjeet @ Baccha Vs State (Nct of Delhi) — Murder and Culpable Homicide | Delhi HC (2025)

Surjeet @ Baccha Vs State (Nct of Delhi) — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

First spell of furlough for three weeks granted; release directed on personal bond of INR 10,000/- with one surety of the like amount, subject to stated conditions; CRL.M.A. 27154/2025 (seeking early hearing) allowed and disposed of; hearing date fixed for 14.10.2025 cancelled.

Issue for consideration

Whether the Petitioner — a life convict in FIR No. 189/2010 whose furlough request was declined on 06.08.2025 under Rule 1224(iii) of the Delhi Prisons Rules, 2018 owing to his earlier failure to surrender during furlough and re-arrest in FIR No. 98/2018 — is entitled to quashing of that order and grant of a first spell of furlough of three weeks.

Court's answer

Considering that the Petitioner has been released on bail in the other case (FIR No. 98/2018), together with his custody tenure, remission earned, satisfactory jail conduct in the last year and the two post-infraction paroles granted by this Court, his request for a first spell of furlough for three weeks is allowed.

Ratio / Principle

Release on furlough is directed on furnishing a personal bond of INR 10,000/- with one surety of the like amount, subject to the satisfaction of the Jail Superintendent/Trial Court/Duty Magistrate.

Key takeaways

Release on furlough is subject to enumerated conditions: no departure from the NCT of Delhi without prior permission of this Court; provision of working mobile numbers to the Jail Superintendent and SHO; no tampering with evidence or contact with prosecution witnesses in pending cases; appearance before the concerned SHO every Monday between 11:00 AM and 11:30 AM (not kept waiting beyond one hour); positive surrender before the Jail Superintendent on expiry of the furlough period; immediate conveyance of change of address to SHO/IO; provision of mobile number to SHO/IO and keeping it switched on at all times; and abstention from criminal activities.ratio¶26

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J., 11.09.2025) in W.P.(CRL) 2520/2025 — Surjeet @ Baccha, a life convict in FIR No. 189/2010 (Sections 302/307/323/324/452/34 IPC, PS Pahar Ganj), petitioned under Article 226 of the Constitution read with Section 528 BNSS 2023 (formerly Section 482 CrPC 1973) against the order dated 06.08.2025 rejecting his furlough request under Rule 1224(iii) of the Delhi Prisons Rules, 2018, on the ground of his earlier failure to surrender during furlough and re-arrest in FIR No. 98/2018 (Sections 302/307/34 IPC; Sections 25/27/54 Arms Act, 1959, PS Sadar Bazar). As the petitioner was since released on bail in FIR No. 98/2018 (fact verified by the State), had served 14 years 04 months 06 days with remission of 03 years 08 months 19 days, had satisfactory jail conduct in the last year, and had been granted parole on two occasions after the infraction by this Court, the Court allowed his first spell of furlough for three weeks on a personal bond of INR 10,000/- with one surety of the like amount, imposing conditions including confinement to the NCT of Delhi, weekly Monday reporting before the SHO (11:00–11:30 AM), no tampering with evidence or witness contact, mobile-number compliance, and positive surrender on expiry. Petition disposed of; early-hearing application (CRL.M.A. 27154/2025) disposed of and the date fixed for 14.10.2025 cancelled.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2520/2025

SURJEET @ BACCHA .....Petitioner

Through: Mr. Siddharth Yadav and Mr. Anmol Kumra Pandey, Advocates.

versus

STATE (NCT OF DELHI) .....Respondent Through: Ms. Rupali Bandhopadhyay, ASC. SI Harsh, PS: Paharganj.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R % 11.09.2025

CRL.M.A. 27154/2025 (seeking early hearing)

For the grounds and reasons stated in the application, the same is allowed. With the consent of counsel for parties, the main matter is taken up on board today itself.

Disposed of.

W.P.(CRL) 2520/2025

The present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the Code of Criminal Procedure, 1973), seeks quashing of order dated 06^th August, 2025, rejecting Petitioner’s request for furlough and seeking grant of first spell of furlough for a period of three weeks.

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 15/09/2025 at 12:26:26

The Petitioner is a convict in FIR No. 189/2010 registered under Sections 302/307/323/324/452/34 of the Indian Penal Code, 1860¹ at P.S. Pahar Ganj and is currently serving life imprisonment.

Petitioner’s request was declined by order dated 06^th August, 2025 on the ground that Petitioner failed to surrender while he was released on furlough and was re-arrested in another case i.e., FIR no. 98/2018 under Sections 302/307/34 IPC and Sections 25/27/54 of the Arms Act, 1959 registered at PS: Sadar Bazar. Therefore, he was not deemed entitled to be released on furlough in view of Rule 1224(iii) of the Delhi Prisons Rules, 2018.

Counsel for the Petitioner points out that the Petitioner is on bail in FIR no. 98/2018. This fact has been duly verified by the State.

As per Nominal Roll as on 26^th August, 2025, the Petitioner has remained in custody for 14 years, 04 months and 06 days; and he has also earned remission of 03 years, 08 months and 19 days. His jail conduct for the last year has been reported to be satisfactory, and he has been granted parole subsequent to the aforenoted infraction on two occasions by this Court.

In view of the above and considering the fact that the Petitioner has been released on bail in the other case, the Petitioner’s request for first spell of furlough for a period of three weeks is allowed. Accordingly, the Petitioner is directed to be released on furlough, on furnishing of a personal bond in the sum of INR 10,000/- with one surety of the like amount subject to the satisfaction of the Jail Superintendent/Trial Court/Duty Magistrate, and further subject to the following conditions:

1 “IPC”

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 15/09/2025 at 12:26:26

(i) The Petitioner shall not leave the NCT of Delhi during the period of furlough, without the prior permission of this Court. (ii) The Petitioner shall provide the mobile number(s) to the concerned Jail Superintendent and SHO, at the time of his release, which mobile number shall be kept in a working condition at all times.

(iii) The Petitioner shall not tamper with any evidence or contact any prosecution witnesses in case(s) pending against him;

(iv) The Petitioner shall appear before the concerned SHO on every Monday between 11:00 AM and 11:30 AM to mark his presence. However, he shall not be kept waiting for longer than one hour for this purpose.

(v) The Petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of furlough. (vi) The Petitioner shall convey any change of address immediately to the SHO/IO;

(vii) The Petitioner shall also provide his mobile number to the concerned SHO/IO.

(viii) The Petitioner shall keep his such mobile 'Switch On' at all the time;

(ix) The Petitioner shall not indulge in any kind of criminal activities;

With the above directions, the present petition stands disposed of.

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

The date already fixed i.e., 14^th October, 2025, stands cancelled.

SANJEEV NARULA, J

SEPTEMBER 11, 2025/ d.negi

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 15/09/2025 at 12:26:26