HIGH COURT OF DELHI
OMKAR DUBEY – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
O R D E R
% 10.09.2024
1. By way of the present petition, the petitioner seeks first spell of furlough in FIR No. 289/2013. The petitioner had applied for furlough on 20.11.2023. The application was kept pending and, thereafter, denied by the Office of the Director General of Prisons by order dated 13.06.2024.
2. The learned counsel for the petitioner refers to Rule 1229 of the Delhi Prison Rules, 2018. The same reads as under:
“1229. The Superintendent of Prison will ensure that the application for furlough is cleared from all channels within 4 (four) weeks. The decision will be communicated to the convict along with a copy of the order by the superintendent of Prison.”
3. It is apparent that the application filed by the petitioner was not considered within a period of four weeks. In terms of Rule 1226 (ix) and (x), it is clear that if no report is received within a period as specified, it shall be presumed that the concerned Police authorities have no objection to the furlough being granted.
4. The benefit of furlough has not been extended to the petitioner in terms of Rule 1225 of the Delhi Prison Rules, 2018, which states that the prisoner convicted of murder after rape, under Prote
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