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2023 Supreme(Del) 4718

SWARANA KANTA SHARMA
Manoj Sirohi – Appellant
Versus
State of The NCT of Delhi – Respondent


Advocates appeared:
Mr. Rohan J. Alva, Advocate (DHCLSC), for the Petitioner.
Mr. Sanjay Lao, Standing Counsel for the State along with Ms. Priyam Agrawal, Advocate and with Insp. Omvir Dabar, P.S. Bawana.

JUDGMENT

Swarana Kanta Sharma, J.

1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 (`Cr.P.C.') for issuance of (i) writ in the nature of certiorari quashing the punishment ticket dated 15.09.2022 and order ref. No.F.10(3475654)CJ/LEGAL/2023/19335/2203 dated 22.03.2023, and (ii) writ in the nature of Mandamus directing the respondent to release the petitioner on first spell of Furlough for three weeks.

2. Briefly stated, the case of the petitioner is that he had been confined in Central Jail No. 02, Tihar, New Delhi and is serving life sentence, of which he has already served about 15 years in custody. It is stated that petitioner had applied to DG (Prisons) for grant of first spell of Furlough for three weeks on 16.02.2023 however, it was rejected vide order dated 22.03.2023. The present petition has been filed before this Court for a grant of Furlough for a period of 21 days on the ground of forging relationships with family and friends.

3. Learned counsel for the petitioner states that respondent has wrongfully issued a punishment ticket dated 15.09.2022 for non-

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