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SWARANA KANTA SHARMA
Jagan Nath – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral) - The instant petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of Order No.F.10/35444477/CJ/LEGAL/PHQ/2023, dated 02.11.2023 passed by respondent, and for issuance of writ in the nature of mandamus, directing the respondent to release the petitioner on furlough on furnishing cash surety in lieu of order granting furlough dated 07.07.2023.
2. In the present case, the petitioner was convicted for commission of offence under Section 302 of Indian Penal Code, 1860 (`IPC') and was awarded sentence of rigorous imprisonment for life and his appeal against conviction i.e. CRL.A. 448/2012 was dismissed by this Court on 25.11.2017.
3. The petitioner herein had applied for grant of furlough to the competent authority, who was pleased to allow the application and had granted him furlough for a period of three weeks on furnishing a bond of Rs.10,000/- with one surety on the like amount vide order dated 07.07.2023. The relevant portion of this order reads as under:
"In this regard, I am directed to inform that the Competent
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 central legal point established is the application of the Delhi Prison Rules, 2018, in determining the eligibility and conditions for granting furlough to a prisoner.
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.
The court balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.
The court emphasized the reformative approach to rehabilitation and the need to balance the interests of the convict and society in granting furlough.
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.
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