Mohd. Julkar Nain Ansari Vs State of NCT of Delhi — Writ and Judicial Review | Delhi HC (2025)

Mohd. Julkar Nain Ansari Vs State of NCT of Delhi — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Impugned Rejection Order dated 05.03.2025 set aside; furlough Order dated 01.01.2025 modified — Petitioner to be released on furlough on furnishing a personal bond of Rs.10,000/- with Cash Surety of like amount in place of one surety; Petition and pending application disposed of accordingly.

Issue for consideration

Whether the Rejection Order dated 05.03.2025 passed by the Director General (Prisons), Tihar — dismissing the Petitioner's application to modify the furlough Order dated 01.01.2025 so as to permit his release on furnishing cash surety of Rs.10,000/- instead of one surety — ought to be set aside.

Court's answer

Considering the totality of circumstances — including that on earlier two occasions also the Petitioner was granted furlough on Cash Surety — the impugned Rejection Order dated 05.03.2025 is set aside.

Ratio / Principle

The furlough Order dated 01.01.2025 is modified to the extent that, instead of furnishing one Surety of Rs.10,000/-, the Petitioner is to be released on furlough on furnishing a personal bond of Rs.10,000/- with Cash Surety in the like amount.

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J.), W.P.(CRL) 921/2025, order dated 21.03.2025 — Writ petition under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against Rejection Order No. F.10(003741952)/CJ/LEGL/PHQ/2025/M-2124 dated 05.03.2025 of the Director General (Prisons), Prison Headquarters, Tihar, which had dismissed the petitioner's application to modify his furlough Order dated 01.01.2025 (second spell of furlough, two weeks, on Personal Bond of Rs.10,000/- with one surety of like amount) so as to permit release on cash surety of Rs.10,000/-. The petitioner had been released on furlough four times earlier, with his real brother and brother-in-law standing surety twice each; the brother-in-law refused to stand surety again and the brother had shifted to Dubai, leaving no one to stand surety, and the family had not visited since 2022. Noting that on two earlier occasions the petitioner had been granted furlough on cash surety, the Court set aside the rejection order and modified the furlough order: the petitioner to be released on furlough on furnishing a personal bond of Rs.10,000/- with cash surety of like amount. Petition and pending application disposed of accordingly.

$~52

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 921/2025 & Crl.M.A. 8657/2025

MOHD. JULKAR NAIN ANSARI .....Petitioner Through: Mr. Vivek Punia, Advocate (DHCLSC)

Versus

STATE OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, Additional Standing Counsel with Mr. Sangeet Sibon, Advocates with SI Hemant Kumar

CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R % 21.03.2025

The present Petition under Article 226 of the Constitution of India read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner seeking setting aside of Rejection Order No. F.10(003741952)/CJ/LEGL/ PHQ/2025/M-2124 dated 05.03.2025 passed by the Office of the Director General (Prisons), Prison Headquarters, Tihar, New Delhi, whereby his Application for modification of furlough Order dated 01.01.2025 to released him on furnishing cash Surety of Rs.10,000/- instead of one Surety, has been dismissed.

Petitioner’s request for his release on second spell of furlough was allowed Vide Order dated 01.01.2025 and he was granted furlough for

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two weeks, on his furnishing a Personal Bond of Rs.10,000/- with One Surety of like amount, to the satisfaction of the Jail Superintendent.

It is submitted in the Application that earlier, Petitioner had been released on furlough four times and had furnished two Sureties twice of his real brother and brother-in-law, who stood Surety for him. His brother-in-law has now refused to stand Surety for him and his brother has shifted to Dubai, and so he is unable to stand Surety. Hence, there is no one to stand surety for him. 4. The Petitioner has submitted that his family has not visited him since 2022 and despite grant of furlough , he is not able to avail it due to circumstances beyond his control and he is ready to furnish Cash Surety in the sum of Rs.10,000/- for his release. 5. Learned Additional Public Prosecutor for Respondent-State has appeared on advance Notice and he submits that the impugned Order has been passed in accordance with the law. 6. Considering the totality of circumstances and the fact that on earlier two occasions also Petitioner was granted furlough on Cash Surety, the impugned Order dated 05.03.2025 is hereby set aside and the Order dated 01.01.2025 is modified to the extent that instead of furnishing one Surety in the sum of Rs.10,000/-, the “Petitioner be released on furlough on his furnishing a personal bond in the sum of Rs.10,000/- with Cash Surety in the like amount” .

With aforesaid, the present Petition and pending Application are accordingly disposed of.

NEENA BANSAL KRISHNA, J

MARCH 21, 2025/ r

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 24/03/2025 at 14:43:53