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Puran Verma vs State Of Nct Of Delhi on 9 August, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~43
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(CRL) 1287/2021
                                     PURAN VERMA                                    ..... Petitioner
                                                       Through : Mr.Sarthak Maggon, Advocate.
                                                       versus
                                     STATE OF NCT OF DELHI                          ..... Respondent
                                                       Through : Mr.Piyush Singhal, Advocate for
                                                                   Mr.Ashish Aggarwal, ASC for State.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 09.08.2021

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

3. The application stands disposed of.

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

6. This application is filed by the petitioner seeking early hearing of the W.P.(CRL) 1287/2021 which is listed for 16.11.2021, filed for grant of parole for a period of twelve weeks to maintain social ties with his family. The facts of the case are mentioned in the order dated 19.07.2021. Vide the said order the direction was given to the competent authority to decide the representation dated 21.05.2021 of the petitioner within ten days.

7. It is stated the said representation has been decided and is rejected on Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:09.08.2021 17:13 the ground the petitioner be considered for furlough, such rejection order is as under:

"This is in reference with the directions issued by the Hon‟ble High Court of Delhi vide its order dated 19.07.2021 in W.P.(CRL.) No.1287/2021 and your office letter dated 23.07.2021 wherein it was directed by the Hon‟ble Court to decide the parole application dated 21.05.2021 of the above said convict within ten days.

In this matter, as per Rule 2113 below sub rule (xi) (Chapter XIX, Parole and Furlough) of Delhi Prison Rules-2018, which provides that:-

„Provide that the Superintendent, before forwarding the application for parole, should ensure that if the prisoner is eligible for furlough then his release on furlough be considered before forwarding his application for Parole and certificate in this regard be annexed with the application. In this case, the said convict is eligible for furlough."

8. The aforesaid order of rejection notes the convict is eligible for furlough.

9. The learned counsel appearing on behalf of learned ASC for the State submits the conduct of the applicant was never satisfactory and he has jumped the parole earlier.

10. If the petitioner is eligible for furlough, this petition be treated as an application for furlough by the Director General, Prisons and be decided within six days from the date of receipt of this application.

11. The application stands disposed of.

W.P.(CRL) 1287/2021

12. List on 16.11.2021, the date already fixed.

YOGESH KHANNA, J.

AUGUST 09, 2021 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:09.08.2021 17:13