PAWAN KUMAR  Vs STATE OF NCT OF DELHI -Judgment by Delhi High Court

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on:08.01.2024
Pronounced on:12.01.2024

+ W.P.(CRL) 3677/2023
PAWAN KUMAR ….. Petitioner
Through: Mr. ArchitUpadhayay, Advocate (DHCLSC).

versus

STATE OF NCT OF DELHI ….. Respondent
Through: Mr. Amit Peswani, Advocate for Ms. Nandita Rao, ASC for the State with SI Suresh Kumar, P.S. New Usmanpur.

CORAM:
HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The instant application under Article 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 of certiorari quashing Order No. F.10 (3752270) /CJ/Legal/PHQ/2023/69458dated09.11.2023 passed by the respondent; and/or issuance of writ in the nature of mandamus directing respondentto release the petitioner on furlough for a period of three (03) weeks.
2. The petitioner is presently confined in Central Jail No. 12, Mandoli, New Delhi. By virtue of judgment dated 26.09.2018, the petitioner was convicted under Section 302 of Indian Penal Code, 1860 (�IPC�) in case arising out of FIR bearing no. 343/2014, registered at Police Station, New Usmanpur, Delhi and was sentenced to undergo imprisonment for life in addition to payment of fine of Rs. 20,000/- and in default of payment of fine to undergo rigorous imprisonment for one year by the learned Additional Sessions Judge, Karkardooma Courts, Delhi. His appeal against conviction i.e., CRL.A. 134/2019 was dismissed by this Court vide judgment dated 11.05.2023.
3. The petitioner seeks parole for a period of three weeks for establishing social and family ties and to curb inner stress.
4. Learned counsel appearing on behalf of the respondent draws this Court�s attention to the fact that the petitioner was released on interim bail by this Court from 14.08.2020 to 14.10.2020, however, he did not surrender in time and was further arrested on 15.11.2020. It is further stated that in case he is released on furlough, he may escape law. Therefore, the petition be dismissed.
5. On the other hand, learned counsel for the petitioner states that rejection order by the respondent 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 was the jumping of the interim bail granted by this Court in the year 2020. It is stated that petitioner was again even thereafter, released on interim bail for a period of 02 weeks vide order dated 08.06.2022 and had surrendered on time before the jail authorities. It is stated that nothing adverse was reported against the petitioner during the period of release on last interim bail granted to him for a period of two weeks.
6. This Court has heard arguments, and has gone through the case file, as well as the impugned order.
7. The application filed by the petitioner for release on furlough was rejected vide order dated 09.11.2023, by the respondent/competent authority, on the following one ground:
�i) He was released on Interim Bail for two months, granted by H1c Hon’ble High Court of Delhi w.e.f. 14.08.2020 to 14.10.2020 but. jumped the same and later re-arrested on 15.11.2020��
8. Thus, the application for grant of furlough filed by the petitioner has been rejected on the ground that he had jumped interim bail and was re-arrested after 01 month.
9. While considering the present writ petition for grant of furlough, the Court also has to remain conscious of the fact that the petitioner has been awarded rigorous imprisonment for life and that as per the Nominal Roll, he has already remained in incarceration for almost 09 years 02 month and 26 days excluding remission of about 01 years 02 months and 23 days. As regards the overall jail conduct of the petitioner, it has been reported as satisfactory except jumping of interim bail in the year 2020. However, this Court has also taken note of the arguments addressed by learned counsel for petitioner in this regard, that immediately after the petitioner had been released on furlough in the year 2020, the Covid-19 pandemic had begun and the petitioner had been told by his counsel that he need not surrender as the convicts had been granted interim bails/furlough/emergency parole during the Covid-19 period. Be that as it may, in this Court�s opinion, the petitioner was released on interim bail for a period of 02 weeks vide order dated 08.06.2022 and had surrendered on time before the jail authorities and nothing adverse was reported against the petitioner during the period of release on last interim bail granted to him for a period of two weeks.
10. The petitioner in this case was convicted for committing offence under Section 302 of IPC on 26.09.2018 and was sentenced to undergo imprisonment for life in addition to payment of file of Rs. 20,000/- and in default of payment of fine to undergo rigorous imprisonment for one year by the learned Additional Sessions Judge, Karkardooma Courts, Delhi. The accused was released on interim bail for a period of two months on 05.08.2020, the accused had, however, jumped bail and was re-arrested on 15.11.2020. On 08.06.2022, he was again released on interim bail for a period of two weeks and he had surrendered on time before the jail authorities. Thereafter, he was again granted interim bail and had surrendered on time.
11. This Court has also gone through the Delhi Prison Rules, 2018. Rule 1197 and 1200 provide insight as to what objects are achieved by releasing a convict on parole. The said rules read as under:
�1197. Parole and Furlough to inmates are progressive measures of correctional services. The release of prisoner on parole not only saves him from the evils of incarceration but also enables him to maintain social relations with his family and community. It also helps him to maintain and develop a sense of self-confidence. Continued contacts with family and the community sustain in him a hope for life. The release of prisoner on furlough motivates him to maintain good conduct and remain disciplined in the prison. ***
1200. The objectives of releasing a prisoner on parole and furlough are:
i.) To enable the inmate to maintain continuity with his family life and deal with familial and social matters,
ii. To enable him to maintain and develop his self- confidence,
iii. To enable him to develop constructive hope and active interest in life,
iv. To help him remain in touch with the developments in the outside world,
v. To help him remain physiologically and psychologically healthy,
vi. To enable him to overcome/recover from the stress and evil effects of incarceration, and vii. To motivate him to maintain good conduct and discipline in the prison…�

12. Further, Rule 1223 provides criteria in which a prisoner can be released on furlough. The said rule reads as under:
�1223. In order to be eligible to obtain furlough, the prisoner must fulfil the following criteria: –
i. Good conduct in the prison and should have earned rewards in last 3 Annual good conduct report and continues to maintain good conduct.
ii. The prisoner should not be a habitual offender.
iii. The prisoner should be a citizen of India.�

13. This Court cannot overlook the circumstances and the family exigencies that may have arisen in the family of the petitioner. Needless to say, while dealing with an issue relating to grant of Furlough to a convict, the Courts are required to balance the interests of convict as well as of the society. However, the Courts are also required to consider cases, such as present one, with sensitivity and compassion, and an opportunity may be provided to a convict to re-establish social ties.
14. The address of the petitioner has been verified by the Investigating Officer (IO) and the report in this regard is on record.
15. Considering the aforesaid facts and circumstances, and also the fact that the petitioner has been granted parole/furlough, this Court is inclined to grant parole to the petitioner for a period of three weeks from the date of his release on the following conditions: –
i. The petitioner shall furnish a personal bond in the sum of Rs.15,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent.
ii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM and shall not leave the National Capital Territory of Delhi during the period of parole.
iii. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can he contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner.
iv. Immediately upon the expiry of period of parole, the petitioner shall surrender before the Jail Superintendent.
v. The period of parole shall be counted from the day when the petitioner is released from jail.

16. With the above terms, the present writ petition is disposed of.
17. A copy of this order be sent by the Registry to the Jail Superintendent concerned.
18. The judgment be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J
JANUARY 12, 2024/zp

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