AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner seeks quashing of order no. F10(003519035)/CJ/LEGAL/ PHQ/2026/M-958 dated 23.03.2026 in case FIR No. 248/2010 of PS Dhaula Kuan for offence under Section 365/376(2)(g)/506/34 IPC.
Learned counsel on behalf of ASC has appeared with instructions that the impugned order rejecting the application of the petitioner for second spell of furlough was for the reason that there should be one month gap between parole and last furlough. It is further submitted by learned counsel that in special circumstances Rule 1212 of Delhi Prison Rules, 2018 can be relaxed. It is also submitted by learned counsel that since earlier medical record of wife of the petitioner was not available, those special circumstances were not taken into consideration. That being so, there is no serious objection to this petition from State.
Basically, after enjoying first spell of furlough, the petitioner surrendered on 20.03.2026, but before that he filed another petition [W.P.(CRL) 847/2026] for second spell on the ground that his wife had to be operated upon on 25.03.2026. The said petition was transmitted to the jail authorities to be treated as a representation. Accordingly, the impugned order was passed.
It is submitted by learned counsel for petitioner that now surgery of wife of petitioner has been scheduled for 20.04.2026 and this fact has been verified by the State.
Considering the above circumstances, this petition is allowed with consent and shall not be treated as a judicial precedent. Accordingly, the petitioner is directed to be released on second spell of furlough subject to his furnishing a personal bond in the sum of Rs.10,000/- before the concerned Jail Superintendent, to whom copy of this order be sent.
It is directed that, at the time of releasing the petitioner on furlough, the concerned Jail Superintendent shall furnish to him in writing, against acknowledgement, the specific date on which the petitioner has to surrender.