Sonu Alias Gagan Singh Vs State of NCT of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

Sonu Alias Gagan Singh Vs State of NCT of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed and impugned order dated 04.09.2025 set aside; petitioner to be released on furlough for three weeks from the date of release, subject to a Personal Bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent, and to the conditions that he (a) not leave the NCR region without informing the Jail Authorities and (b) provide a mobile number kept in working condition at all times; petitioner to surrender before the Jail Superintendent on expiry of the three-week furlough.

¶para 18 (judgment para 6)

Issue for consideration

Whether the petitioner's application for grant of furlough, which was declined inter alia on the ground that he had failed to surrender in time after emergency parole repeatedly extended during the covid period (and was re-arrested on 06.10.2021), ought to be granted.

¶para 11 (judgment para 1)

Court's answer

This Court accepts the justification offered by learned counsel for the petitioner — that he did not surrender within the time during the covid period because the emergency parole was repeatedly extended and he lost track of the surrender date.

¶para 17 (judgment para 5)

Ratio / Principle

The petition is allowed and the impugned order declining furlough is set aside.

¶para 18 (judgment para 6)

Key takeaways

The petitioner shall be released on furlough for a period of three weeks from the date of his release.ratio¶para 18 (judgment para 6)
Release on furlough is subject to the petitioner furnishing a Personal Bond of Rs. 10,000/- with one surety in the like amount, to the satisfaction of the Jail Superintendent.ratio¶para 18 (judgment para 6)
Condition (a): the petitioner shall not leave the NCR region without informing the concerned Jail Authorities.

Detailed headnote1 paragraphs

Delhi High Court (Vikas Mahajan, J.) allowed W.P.(CRL) 3901/2025 filed by Sonu alias Gagan Singh assailing the order dated 04.09.2025 (Annexure P-1) declining his furlough application. Furlough had been refused inter alia because the petitioner, earlier released on emergency parole w.e.f. 17.04.2020 (extended till 05.02.2021) with surrender fixed for 06.03.2021, had jumped parole and was re-arrested in the same case on 06.10.2021. Accepting counsel's explanation that repeated covid-period extensions caused the petitioner to lose track of the surrender date, the Court directed his release on furlough for three weeks on a Personal Bond of Rs. 10,000/- with one surety in the like amount to the Jail Superintendent's satisfaction, subject to conditions that he remain within the NCR region (absent intimation to Jail Authorities) and keep a working mobile number with the authorities, surrendering on expiry of the furlough. The order was expressly passed on the peculiar facts of the case.

$~120

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 3901/2025, CRL.M.A. 35221/2025

SONU ALIAS GAGAN SINGH .....Petitioner

Through: Mr. Vishesh Wadhwa, Ms. Swadha Gupta, Ms. Shubhangi Singh, Mr. Hemant Mahara and Mr. Aditya Singh, Advs.

versus

STATE OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, APP for the State with SI Komal, PS Aman Vihar

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R

% 03.12.2025

The present petition has been filed assailing the impugned order 04.09.2025 (Annexure P-1) whereby petitioner’s application for grant of furlough was declined.

The furlough was declined inter alia on the ground that when petitioner was released on emergency parole with effect from 17.04.2020 to 12.06.2020 which was extended from time to time till 05.02.2021 and the date of surrender was fixed as 06.03.2021, but the petitioner jumped the emergency parole and was re-arrested in same case on 06.10.2021.

Issue notice. Mr. Sanjay Lao, Additional Standing Counsel appearing on behalf of respondents accepts notice.

Mr. Vishesh Wadhwa, learned counsel appearing on behalf of the petitioner submits that the petitioner was released on emergency parole during covid period and he could not surrender on the given date because the emergency parole was being extended from time to time, and the petitioner lost track of the date of surrender on account of repeated extensions.

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 04/12/2025 at 13:10:43

This Court finds favour with the justification put-forth by the learned counsel for the petitioner for not surrendering within the time during the covid period.

Accordingly, the present petition is allowed and impugned order is set aside. Consequently, it is directed that the petitioner be released on furlough for a period of three weeks from the date of his release, subject to him furnishing a Personal Bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent, further subject to the following conditions:

(a) The petitioner shall not leave the NCR region without informing the Jail Authorities concerned; and

(b) The petitioner shall provide his mobile number to the Jail Authorities concerned which shall be kept in working condition at all times.

Upon expiry of period of furlough of three weeks as stated above, the petitioner shall surrender before the Jail Superintendent.

The petition is disposed of, in the above terms.

The present order has been passed in the peculiar facts and circumstances of the case, as noted hereinabove.

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

Order dasti under the Signatures of the Court Master.

Order be uploaded on the website of this Court.

VIKAS MAHAJAN, J

DECEMBER 3, 2025/rr

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 04/12/2025 at 13:10:43