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.