Rakesh Mehra@Nandu v. State of NCT of Delhi & Anr.
Case brief
What is this about?
Furlough — Delhi Prison Rules, 2018, Rule 1223(i) — denial for unsatisfactory jail conduct / recovery of prohibited item (tobacco) — prison punishment (mulakat stopped 01 month, order dated 12.03.2025) served — 11½ years judicial custody, 2½ years remission — history of interim bail, parole, emergency parole — no other criminal involvements — furlough 'almost a matter of right' absent compelling contrary circumstances — Article 226 Constitution read with Section 528 BNSS 2023 — W.P.(CRL) 3322/2025 — conditions: personal bond Rs. 15,000/- with one surety, weekly reporting at P.S. Rajouri Garden, surrender on expiry — petition allowed, denial dated 05.08.2025 set aside.
What did the court decide?
Furlough for 03 (three) weeks from the date of release, subject to conditions: personal bond of Rs. 15,000/- with 01 surety in the like amount from a family member to the satisfaction of the Jail Superintendent; not to leave the NCT of Delhi without permission of the court and ordinarily reside at address as per prison records; presence before S.H.O., P.S. Rajouri Garden every Monday between 11 am and 11:30 am; furnishing and keeping active a cellphone number; surrender of passport, if any, to the Jail Superintendent; no unlawful act or omission prejudicial to pending proceedings; surrender before the Jail Superintendent upon expiry of furlough.