Disposed

Iqbal @ Billi v. State through SHO P.S Dhaula Kuan

Delhi HC18 Mar 2025W.P.(CRL)/873/2025

Case brief

AI extract

What is this about?

A furlough application rejected solely because the convict surrendered one day late cannot be denied on that basis: per modified Standing Order No. 01/2019 (Order dated 07.06.2019), a convict punished only with a warning remains eligible for furlough, and the warning cannot be grounds for dismissal. Considering prior grant of 13 days' furlough and about 15 years in judicial custody, the Court granted furlough for three weeks from release, conditioned on a Rs.10,000/- surety to the Jail Superintendent, weekly Sunday reporting to the local SHO, an active contact number, and immediate surrender on expiry. Petition disposed of accordingly.

What the court decided

Iqbal @ Billi Vs State through SHO P.S Dhaula Kuan — Bail and Remand | Delhi HC (2025)

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 873/2025

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IQBAL @ BILLI .....Petitioner

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Through: Mr. Hemant Singh and Ms. Urvashi Jain, Advocates.

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versus

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STATE THROUGH SHO P.S DHAULA KUAN .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl) with Mr. Abhinav Kr. Arya, Mr. Priyam Agarwal and Mr. Aryan Sachdeva, Advocates for State with SI Yashpal, P.S.S.Campus.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 18.03.2025

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CRL.M.A. 8208/2025 (Seeking Exemption)

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Allowed, subject to just exceptions.

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The Application stands disposed of.

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W.P.(CRL) 873/2025

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Writ Petition under Article 226 of the Constitution of India read with Section 582 BNSS has been filed against the Order dated 31.01.2025 vide which the Furlough Application of the Petitioner has been dismissed by Respondent.

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It is submitted that the only ground for rejection is delay of one day in surrendering to the jail authority. The Apex Court (sic. High Court) had dismissed the Petition of the convict on 20.11.2024 and directed him to

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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 20/03/2025 at 12:43:35

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surrender immediately but he did so only after a delay of one day i.e. 21.11.2024. It was thus concluded that he had violated the conditions of Furlough and the Application was rejected.

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Learned Standing Counsel on behalf of the State submits that there is no infirmity in the Order of the Jail Superintendent.

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Submissions Heard and record perused .

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In the present case, the Petitioner seeks setting aside of order dated 31.01.2025 of the Jail Authorities, which reads as under: -

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“That he was released on 13 days furlough w.e.f. 29.02.2024 to 13.03.2024 and he was granted stay from surrendering by the Hon'ble Apex Court. Further, the Hon'ble Apex court has dismissed the petition of the convict on 20.11.2024 and directed to surrender immediately but he surrendered late by 01 day on 21.11.2024. He has violated the condition of furlough. Hence, his request for furlough stands rejected.”

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Reference may be made to Order dated 07.06.2019 vide which the Standing Order No. 01/2019 was modified to the extent that in case a warning is issued to a convict, he shall be eligible for Furlough.

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In the present case, the Petitioner was awarded a punishment of warning as has also been recorded in the order dismissing his application for furlough on 31.01.2025 . However, the same cannot be taken into account while dismissing application for grant of Furlough.

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Thus, considering the overall facts and circumstances of the case, and that the Petitioner has already been granted Furlough for 13 days on previous occasion and has been in judicial custody for the past around 15 years, the Petitioner is granted furlough for a period of three weeks which is to be counted from the date of his release, on the following conditions: -

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i. The petitioner shall furnish a surety in the sum of Rs.10,000/to the satisfaction of the Jail Superintendent.

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ii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM during the period of furlough.

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iii. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner.

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iv. Immediately upon the expiry of period of Furlough, the petitioner shall surrender before the Jail Superintendent.

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In view of the above, the present petition stands disposed of.

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A copy of this judgment be forwarded to the concerned Jail Superintendent for information and compliance.

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NEENA BANSAL KRISHNA, J

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MARCH 18, 2025 rk

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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 20/03/2025 at 12:43:35

Iqbal @ Billi v. State through SHO P.S Dhaula Kuan

Case brief

What is this about?

What the court decided

Iqbal @ Billi v. State through SHO P.S Dhaula Kuan

Case brief

What is this about?

What the court decided

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