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NAVIN CHAWLA
Sultan @ Rajesh – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
CRL.M.A. 2832/2024 (Exemption)
1. Allowed, subject to all just exception.
W.P.(CRL) 312/2024
2. This petition has been filed seeking quashing of the order No.F.10(3465048)/CJ/LEGAL/2023/31015 dated 17.05.2023, by which the application filed by the petitioner for grant of furlough has been rejected by the respondent on the following grounds:
"I. He was released on emergency parole on 11.04.2020 to 07.06.2020 and further extended time to time in view COVID-19 and his due date of surrender was fixed for 28.02.2021 but he did not surrender and re-arrested on 08.09.2021 vide DD No.71A/Dated 07.09.2021, u/s 41.1 Cr.P.C., PS-Jamia Nagar, Delhi.
II. Rule 1224(iii) of Delhi Prison Rules-2018 states that "the prisoner who abscond while released on parole or furlough shall not be eligible to be released on furlough.
III. His application was not recommended by Superintendent Jail."
3. Issue notice.
4. Notice is accepted by Ms.Rupali Bandhopadhya, the learned APP for the State.
5. The learned counsel for the petitioner submits that after the purported delay in surrender in the year 2021, the petitioner was later granted furlough by the judgment/order of this Court date 03.
The court considered the petitioner's conduct, previous judgments, and the medical condition of the petitioner in allowing the petition and setting aside the impugned order.
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....
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 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.
(1) Grant of furlough must be balanced against public interest and can be refused to certain categories of prisoners.(2) Grant of release on furlough is a discretionary remedy – A prisoner is entitle....
The grant of furlough as a reward for good conduct and the court's discretion in modifying furlough conditions based on the petitioner's conduct and fulfillment of eligibility criteria.
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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