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2023 Supreme(Del) 5319

SWARANA KANTA SHARMA
Gopi Nisha Mallah – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Faraz Maqbool, DHCLSC, for the Petitioner.
Mr. Anand V. Khatri, Additional Standing Counsel (Crl.) for GNCTD/State.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') for issuance of (i) writ in the nature of certiorari quashing the order no. F.10.(3741956)/CJ/LEGAL/PHQ/2023/55187 dated 04.09.2023 passed by the respondent, and (ii) writ in the nature of Mandamus directing the respondent to release the petitioner on first spell of Furlough for three weeks.

2. The case of the petitioner, in brief, is that he had been confined in Central Jail No. 14, Mandoli, New Delhi and is serving life sentence, of which he has already served about 9 years and 7 months in custody. It is stated that petitioner had applied to DG (Prisons) for grant of first spell of Furlough for three weeks. However, vide impugned order no. F.10.(3741956)/CJ/LEGAL/PHQ/2023/55187 dated 04.09.2023, the same was rejected by the concerned authority. The present petition has been filed seeking quashing of the order dated 04.09.2023 and for grant of Furlough for a period of three weeks on the ground of maintaining social ties with family and friends.

3. Learned counsel for th

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