Delhi High Court - Orders
Prem Singh vs State on 5 March, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3329/2019
PREM SINGH ..... Petitioner
Through: Mr Roshan Lal Saini and Ms Kavita
Saini, Advocates.
versus
STATE ..... Respondent
Through: Ms Shivani Sharma, Advocate for Ms
Richa Kapoor, ASC for State.
SI Mahendra, PS Adarsh Nagar.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 05.03.2020
1. The petitioner has filed the present petition, inter alia, praying that the petitioner be released on furlough for a period of two weeks.
2. The learned counsel appearing for State states that the petitioner was convicted of the offence punishable under Sections 302/34 of the IPC and was sentenced to life imprisonment with a fine of ₹50,000/-. However, the Trial Court also added another condition that he would not be considered for grant of remission, till he serves actual sentence of twenty years.
3. Furlough is considered to be in the nature of remission and the issue whether such a direction precludes the convict for being released on furlough is a subject matter of another petition (W.P. (Crl.) 682/2019 captioned 'Chandra Kant Jha v. State of NCT of Delhi').
4. This Court is informed that the said petition has been heard and the judgment has been reserved. Thus, the question whether the petitioner would be entitled to furlough would depend on the outcome of the said decision.
5. In view of the above, the present petition is disposed of by directing the concerned authorities to await the decision of the Court in Chandra Kant Jha (supra) and consider the petitioner's application for furlough in terms of the said decision.
6. The petition is disposed of with the aforesaid directions.
7. The petitioner be informed through the concerned Jail Superintendent.
VIBHU BAKHRU, J MARCH 05, 2020 RK