MEERA DEVI vs STATE NCT OF DELHI

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.04.2025
+ W.P.(CRL) 939/2025
MEERA DEVI …..Petitioner
Through: Mr. Zeeshan Diwan, Advocate.

versus

STATE NCT OF DELHI …..Respondent
Through: Mr. Amol Sinha, ASC.

CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)
1. Petitioner seeks grant of first spell of furlough in order to attend marriage of her son. In this regard, petitioner had filed an application dated 31.01.2025, which was rejected by the competent authority vide order dated 19.02.2025. Although petitioner has not explicitly challenged order dated 19.02.2025, but keeping in mind the overall scope of the reformatory tool of furlough, the challenge to that order is read implicit in this petition.

2. It appears that in order dated 19.02.2025, the competent authority rejected the furlough application of petitioner only because at the time of previous furlough, she surrendered belatedly by one day. That delay is explained on behalf of petitioner on account of confusion of dates. Even otherwise, for that delay the petitioner was warned and according to their own notification, warning is not a substantive punishment, so cannot be a hindrance in granting furlough.

3. The factum of marriage of son of petitioner was verified by the local police and status report dated nil has already been filed (pdf page 31).

4. Considering the above circumstances, the petition is allowed and order dated 19.02.2025 is set aside, directing release of the petitioner on first spell of furlough for a period of three weeks, subject to her furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent and also subject to the condition that she would provide her mobile phone number to the SHO of her residential area, which mobile phone number shall remain constantly switched on. At the time of releasing the petitioner on furlough, the concerned Jail Superintendent shall apprise her in writing about the date on which she has to surrender. Upon expiry of the period of furlough from the date of release, the petitioner shall surrender before the Jail Superintendent. Copy of this order be sent to the Jail Superintendent for necessary compliance.

GIRISH KATHPALIA
(JUDGE)
APRIL 17, 2025/ry

W.P.(CRL) 939/2025 Page 1 of 2 pages