Allowed¶15

Puran Prasad v. State (Nct of Delhi)

Furlough – first spell for current conviction year

Delhi HC2 Apr 2025W.P.(CRL)/846/2025

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Case brief

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What is this about?

Keywords: furlough; first spell; conviction year; parole; abscond; surrender; rearrest 26.08.2021; COVID-19 parole extension; pardon by subsequent parole orders; Rule 1224(iii); Delhi Prison Rules, 2018; FIR No. 280/2012; Police Station Khyala; Sections 302/34 IPC; nominal roll; W.P.(CRL) 846/2025; Justice Amit Mahajan; Delhi High Court; order dated 02.04.2025; Puran Prasad v. State (NCT of Delhi).

What did the court decide?

First spell of furlough for a period of three weeks in FIR No. 280/2012 for the current conviction year, subject to conditions the Jail Authorities deem appropriate; release directed not later than two weeks from the date of the order. ¶15

Puran Prasad Vs State (Nct of Delhi) — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's failure to surrender on time during a prior COVID-extended parole release (rearrested on 26.08.2021), attracting Rule 1224(iii) of the Delhi Prison Rules, 2018, bars grant of his first spell of furlough for the current conviction year in FIR No. 280/2012.

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Court's answer

The conduct of the petitioner in not surrendering on time way back in 2021 stands pardoned, because on a subsequent occasion this Court itself directed his release on parole; that past conduct therefore cannot be a ground for dismissal of the furlough application on subsequent occasions.

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Ratio / Principle

The respondent authorities did not contend that the petitioner failed to surrender on time on any subsequent parole release, and it is not the case of the State that there is some other reason for denying the benefit of furlough.

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Key takeaways

The petition is allowed: the petitioner is directed to be released on the first spell of furlough for a period of three weeks in FIR No. 280/2012, subject to such conditions as the Jail Authorities may feel appropriate, and the Jail Authorities are directed to release him not later than two weeks from date.ratio¶15

Detailed headnote1 paragraphs

Furlough – first spell for current conviction year – prior overstay of COVID-extended parole in 2021 and rearrest on 26.08.2021 held not a bar: this Court's subsequent orders releasing the convict on parole (four occasions) amount to a pardon of that conduct, so reliance on Rule 1224(iii) of the Delhi Prison Rules, 2018 is misplaced; the State pointed to no other ground for denial – petition allowed; three weeks' furlough granted in FIR No. 280/2012 (Ss. 302/34 IPC), release within two weeks subject to jail conditions.

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$~15

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ W.P.(CRL) 846/2025

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PURAN PRASAD .....Petitioner Through: Mr. Siddharth Yadav, Adv.

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versus

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STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State with Mr. Arjit Sharma and Mr. Nikunj Bindal, Advs. with Insp. Manmeet Singh, PS Khyala.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 02.04.2025

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By the present petition, the petitioner seeks grant of first spell of furlough for current conviction year for a period of three weeks in FIR No. 280/2012, registered at Police Station Khyala, for offences under Sections 302/34 of the Indian Penal Code, 1860 ( IPC ).

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The application filed by the petitioner was rejected by the respondent authorities by order dated 28.02.2025 essentially on the ground that on an earlier occasion when the petitioner was released on parole which extended due to onset of COVID-19 pandemic, the petitioner did not surrender on time and was rearrested on 26.08.2021.

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The application was rejected citing Rule 1224(iii) of the Delhi Prison Rules, 2018, which stipulates that the prisoner who absconded while released on parole or furlough shall not be

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This is a digitally signed order.

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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 00:30:38

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eligible to be released on furlough.

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Nominal Roll indicates that pursuant to the re-arrest of the petitioner, he was released on parole on four occasions pursuant to the orders passed by this Court. 5. Therefore, once this Court had, on subsequent occasion, directed release of the petitioner on parole, the conduct of the petitioner in not surrendering on time way back in the year 2021, has already been pardoned. The same cannot be a ground for dismissal of the application on subsequent occasions.

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It is not the case of the respondent authorities that the petitioner, on subsequent occasion when he was released on parole, had not surrendered on time. 7. It is not the case of the State that there is some other reason for denying the benefit of furlough to the petitioner. 8. In view of the above, the present petition is allowed and the petitioner is directed to be released on first spell of furlough for a period of three weeks in FIR No. 280/2012, subject to the conditions that the Jail Authorities may feel appropriate to be put as conditions for his release. The Jail Authorities are directed to release the petitioner not later than two weeks from date.

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AMIT MAHAJAN, J

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APRIL 2, 2025 ‘KDK’

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This is a digitally signed order.

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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 00:30:38

Puran Prasad v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Puran Prasad v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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