SWARANA KANTA SHARMA
Monu @ Jiji – Appellant
Versus
State 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 the Code of Criminal Procedure, 1973 has been filed on behalf of petitioner seeking following reliefs:
"...a. Issue a writ or order in the nature of Certiorari quashing the furlough rejection order no. No. F. 10(3741962)/CJ/LEGAL/PHQ/2023/52194 dated 21.08.2023;
b. Issue a writ or order in the nature of Mandamus directing the respondent to release the petitioner on furlough for a period of three weeks in FIR no. 260/2016, PS: South Rohini, Delhi, Under Section: 302 IPC;
c. Allow the petitioner to furnish one surety of Rs.5,000/- to the satisfaction of Jail Superintendent, CJ-02, Tihar;
2. The petitioner is presently confined in Central Jail No. 2 Tihar, New Delhi. By virtue of judgment dated 13.02.2019, the petitioner was convicted under Sections 302 of IPC in case arising out of FIR bearing No. 260/2016, registered at Police Station South Rohini, Delhi and was sentenced to undergo life imprisonment by the learned Additional Sessions Judge, Rohini Courts, Delhi. His appeal against conviction i.e., CRL.A. 909/2019 was dismissed by this Court vide judgmen
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 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 balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.
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 emphasized that good conduct in prison is a valid basis for granting furlough, overriding past re-arrests during parole.
The court emphasized the reformative approach to rehabilitation and the need to balance the interests of the convict and society in granting furlough.
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 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....
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