RAJNISH BHATNAGAR
Manoj Kumar Singh – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Rajnish Bhatnagar J. (Oral)--By way of this petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has challenged the impugned order dated 03.12.2022 whereby the application for furlough was dismissed and further seeking his release on furlough for a period of 3 weeks.
2. It is submitted by the learned counsel for the petitioner that petitioner was denied furlough vide impugned order dated 03.12.2022 only on the ground that the petitioner did not surrender when he was released on parole in the year 2012. It is further submitted that the conduct of the petitioner in jail is good and he was also awarded good conduct certificates by jail authorities. It is further submitted that necessary requisite for granting furlough is 3 good conduct remissions which the petitioner has already earned, in fact, the petitioner has earned 7 good conduct remissions even after his re-arrest. It is further submitted that furlough is allowed even after the conviction in various cases. It is also submitted that the alleged crime committed by the petitioner were way back in 2015 and thereafter petitioner has maintained
The judgment emphasizes the public interest in granting furlough, considering the reformation theory of sentencing and the potential threat to society posed by habitual offenders.
The main legal point established is the significance of personal liberty, reformation theory of sentencing, and the need to balance public interest with the individual's potential for reformation and....
Eligibility for furlough can be granted despite past misconduct if recent conduct is satisfactory and circumstances justify it.
The central legal point established is the application of the Delhi Prison Rules, 2018, in determining the eligibility and conditions for granting furlough to a prisoner.
The Court emphasized the objectives of furlough as per the Delhi Prison Rules and considered the petitioner's eligibility and conduct in jail in granting the relief.
The court emphasized the reformative approach to rehabilitation and the need to balance the interests of the convict and society in granting furlough.
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