Delhi High Court – Orders
Sanjay Kumar Valmiki vs State Of Nct Of Delhi on 23 April, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 888/2025
SANJAY KUMAR VALMIKI .....Petitioner
Through: Mr. Rajneesh Bhaskar, Advocate
(DHCLSC) with Mr. Rachit Raushan,
Advocate
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Sanjay Lao, Standing Counsel
with Insp. Ravi Kumar, PS Maurya
Enclave
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.04.2025
1. The present petition filed under Article 226 of Constitution of India,
1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 assails order dated 28th February, 2025 denying the Petitioner’s request
for grant of furlough for a period of three weeks. The Petitioner is presently
undergoing life imprisonment awarded to him by order on sentence dated
10th April, 2015 in proceedings emanating from FIR No. 226/2011
registered under Sections 302/201/363/376(2)(F) of the Indian Penal Code,
1860, registered at P.S. Maurya Enclave, Delhi.
2. The impugned order declining the Petitioner’s request reads as
follows:
“Sub: Regarding application for grant of Furlough to Sanjay
Kumar Valmiki s/o Jagdish Kumar Valmiki in case FIR No.
226/2011, u/s 302/201/363/376 (2) IPC, PS Mayur Vihar, Delhi.
Ref: F.2/SCJ-2/CJ-2/AS (Furlough)/2024/929, dated 12.12.2024
1. Convict Sanjay Kumar Valmiki s/o Jagdish Kumar Valmiki was
W.P.(CRL) 888/2025 Page 1 of 4
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awarded life sentence (he shall not be entitled to seek remission till 25
years).
2. As per brief history, the above convict has involved rape and
murder of a 08 year old minor girl.
3. Police authority has strongly opposed for grant of furlough.
4. As this being the category case (murder after rape) in view of
Rule – 1225 of Delhi Prison Rules 2018 and the case needs to be
recommended by DIG (Prison). However, the same was not
recommended by DIG (Prison) In view of heinous nature of crime
committed by him and opposition of police authority.
5. Therefore, his furlough is rejected.
The convict may be informed under proper acknowledgement.”
3. Counsel for the Petitioner highlights that the reasons for declining
furlough to the Petitioner, as noted in the impugned order, were also relied
upon by the State when the Petitioner previously requested for furlough.
However, notwithstanding such grounds this Court by orders dated 17th
November, 20231 and 9th October, 20242, granted Petitioner’s request for
furlough.
4. The Court has considered the afore-noted. The purpose of grant of
furlough is to break the monotony of imprisonment and to enable the convict
to maintain societal ties.3 Rule 1199 of the Delhi Prison Rules, 2018 also
clarifies that release on furlough is an incentive for the convict for good
conduct in prison. As per the latest Nominal Roll, as on 6 th April, 2025, the
Petitioner has served his sentence for a period of 13 years, 8 months and 22
days. His conduct for the last one year and overall jail conduct has been
satisfactory.
5. Additionally, it must be noted that on the previous dates, the State had
expressed apprehension about the mental well-being of the Petitioner and
1
in W.P.(CRL) 2771/2022
2
in W.P.(CRL) 3168/2024
3
State of Gujrat v. Narayan, 2021 SCC OnLine SC 949.
W.P.(CRL) 888/2025 Page 2 of 4
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had sought time examine the Petitioner from the IBHAS Hospital and
accordingly, the proceedings were adjourned. The Petitioner was
subsequently sent to IBHAS Hospital as per the directions issued by the
Director General of Prisons (PHQ) Tihar, New Delhi, for psychological
assessment. As per the review done by the specialist doctor, no adverse
opinion has been formed against the Petitioner.
6. In view of the foregoing and considering the fact that the grounds
raised in the impugned order have previously considered and yet furlough
has been granted, the Court sees no impediment to grant the Petitioner’s
request.
7. Accordingly, subject to verification of the address of the Petitioner
which shall be done within a period of one week from today, he be released
on furlough for a period of three weeks from the date of his release on
furnishing a personal bond in the sum of INR 15,000/- with one surety of the
like amount with the satisfaction of the Jail Superintendent, and further
subject to the following conditions:
a. The Petitioner shall not leave the National Capital Territory of Delhi
during the period of furlough, without the prior permission of this Court.
b. The Petitioner shall provide the mobile number(s) to the concerned
Jail Superintendent and concerned SHO at the time of release, which shall
be kept in a working condition at all times.
c. The Petitioner shall appear before the SHO, P.S. Maurya Enclave,
every third day between 11:00 AM and 11:30 AM to mark his presence.
However, he shall not be kept waiting for longer than an hour for this
purpose.
d. The Petitioner shall positively surrender before the concerned Jail
W.P.(CRL) 888/2025 Page 3 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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Superintendent on the expiry of the period of three weeks from the date of
his release.
8. Copy of the order be sent to the Jail Superintendent for information
and necessary compliance.
9. In view of the above, the present petition is disposed of.
SANJEEV NARULA, J
APRIL 23, 2025/ab
W.P.(CRL) 888/2025 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/04/2025 at 22:27:49