IMPORTANT POINT
The court balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.

JUDGMENT

Swarana Kanta Sharma, J. (Oral) - The instant petition under Section 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking issuance of writ in the nature of certiorari for quashing of order dated 16.10.2023 bearing No. F.10(3747034)/CJ/Legal/PHQ/2023/6996 passed by the respondents and issue a writ in nature of mandamus directing respondents to release the petitioner on 1st Spell of furlough for a period of three weeks.

2. The petitioner is presently confined in Central Jail No. 8/9, Tihar, New Delhi. By virtue of judgment dated 29.01.2018, the petitioner was convicted under Section 302 of Indian Penal Code, 1860 (`IPC') in case arising out of FIR bearing no. 483/2013, registered at Police Station, Seema Puri, Delhi and was sentenced to undergo rigorous imprisonment for life by the learned Additional Sessions Judge, Karkardooma Courts, Delhi. His appeal against conviction i.e., CRL.A. 585/2018 was dismissed by this Court vide judgment dated 04.09.2018. Thereafter, the petitioner preferred SLP (Crl) No. 3393/2019 before the Hon'ble Supreme Court which was dismissed on 08.04.2019.

3. Learned ASC appearing on behalf of the State draws this Court's attention to the fact that the petitioner's overall conduct in the jail is satisfactory and he had been given punishment tickets dated 07.04.2021, therefore, the present writ petition be dismissed.

4. On the other hand, learned counsel for the petitioner, who appears through video conferencing states that the petitioner is unable to produce on record any document in support of his present writ petition and the application be allowed without consideration of documents. Learned Counsel for the petitioner submits that rejection order dated 16.10.2023 by the State is contrary to the basic tenets of law. It is stated that the only reason for dismissal of the application of the petitioner for grant of parole is that he has been awarded with punishment ticket once. It is further vehemently submitted that the rejection order has been passed mechanically without application of mind and violates the provisions of Rule 1210(II) of the Delhi Jail Rules, 2018. It is also stated that the petitioner is seeking furlough on the grounds to maintain social ties and to curb inner stress and depression due to incarceration. Therefore, furlough be granted to the petitioner for a period of three weeks, as prayed for.

5. This Court has heard arguments on behalf of both the parties and has gone through the material placed on record.

6. This Court has perused rejection order dated 16.10.2023 passed by the respondents and the same is reproduced as under:

"This is in reference to the application for grant of furlough to convict Jameel s/o Babu Khan.

In this regard, I am directed to inform you that the Competent Authority has considered the application for grant of furlough and same has been declined in view of guideline No. 25 of Standing Order No. 01/2019 as the above said convict has not earned fresh three AGCR in consecutive years after jumping emergency parole in 2021.

Guideline No.25 of Standing Order no. 01/2019 is reproduced as under:

"If the prisoner commits an offence during the period he is released on furlough or abscond/jump then the period will not be counted as sentence undergone. In such case the prisoner will be required to earn fresh AGCR for three consecutive years to become eligible for furlough".

The convict may be informed under proper acknowledgement.

7. Thus, the application for grant of parole filed by the petitioner has been rejected on the ground that he had jumped parole already granted to him during the COVID-19 period and may jump parole again.

8. While considering the present writ petition for grant of Parole, the Court has to remain conscious of the fact that the petitioner has been awarded rigorous imprisonment for life and that as per Nominal Roll, he has already remained in incarceration