RAJNISH BHATNAGAR,J. - (1.)By way of this petition filed under Article 226 of the Constitution of India, the petitioner is seeking the following relief:-
"a. Issue a writ in the nature of Certiorari quashing the Order no.F.10(3718433)/CJ/LEGAL/2023/4388 dtd. 17/1/2023 passed by the Respondent; and

b. Issue a writ in. the nature of mandamus directing the respondent to release the petitioner on Ist Spell of Furlough of 03 weeks; or

c. Pass any other order or further orders, which this Hon'ble Court deems fit and proper in the interest of justice. "

(2.)It is submitted by the learned counsel for the petitioner that petitioner was denied furlough vide impugned order dtd. 17/1/2023 only on the ground that the petitioner did not surrender when he was released on emergency parole on 11/4/2020 for a period of 8 weeks which was further extended time to time due to COVID-19. It is further submitted that the petitioner kept on calling the jail authorities to know the date of his surrender and he was told that his emergency parole was extended from time to time and no such intimation was given to the petitioner with regard to his date of surrender. It is further submitted that the conduct of the petitioner in jail is satisfactory and he was never punished inside the jail. It is further submitted that necessary requisite for granting furlough is 3 good conduct remissions which the petitioner has already earned. It is further submitted that furlough is allowed even after the conviction in various cases. It is further submitted that petitioner is in judicial custody since 7/3/2008 and has undergone 9 years and 7 months in custody and has earned approximately 2 years of remission. It is further submitted that the petitioner has a family to support and for their subsistence he used to send money by working as "Weaving Sahayak " in the jail.
(3.)Learned counsel for the petitioner has relied upon the following orders passed by this Court:
- Manoj Kumar Singh vs. State (Govt. of NCT of Delhi) in W.P. (CRL) 21/2023

- Ram Sagar @ Sagar vs. State NCT of Delhi in W.P. (CRL) 748/2022

- Surender alias Bhola vs. State of G.N.C.T. of Delhi in W.P. (CRL) 605/2022

- Sultan @ Rajesh vs. State of GNCT of Delhi in W.P. (CRL)764/2022

- Vinod @ Vinoda vs. The State (Govt of N.C.T. Delhi) in W.P. (CRL) 89/2023

- Anil Kumar vs. State (GNCT of Delhi) in W.P. (CRL) 1053/2020

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