Delhi High Court - Orders
Kamruddin @ Kamru @ Mobile vs State Of Nct Of Delhi on 11 May, 2023
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2550/2022
KAMRUDDIN @ KAMRU @ MOBILE ..... Petitioner
Through: Mr. Aman Panwar, Adv. (DHCLSC)
with Mr. Shivam Singh Baghel, Adv.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Ms. Rupali Bandopadhya, ASC (Crl.)
with Mr. Akshya & Mr. Abhijeet
Kumar, Advs. for the State.
SI Vikas, PS South Campus
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 11.05.2023
1. This petition has been filed seeking furlough for the petitioner for a period of 3 weeks in proceedings arising out of FIR No.248/2010 under sections 365/506/376 IPC at PS Dhaula Kuan.
2. As per the nominal roll, the petitioner has been in custody for around 13 years including remission. The petitioner has been released on interim bail/ parole/ furlough on 7 previous occasions including in 2017, 2018, 2019 and 2020 and did not misuse the concession on 6 such occasions and surrendered on time. However, on the last occasion when he was released on furlough which was later converted into emergency parole in 2020, he was arrested in a fresh case on 31st October, 2020 in Ghaziabad, U.P. and was later transferred to Delhi on 7th March, 2022.
3. Learned counsel for the State has objected to grant of furlough to the petitioner for reasons stated in the rejection order dated 6th October, 2022, Signature Not Verified Digitally Signed By:ANISH DAYAL adverting to Delhi Prisons Rules, 2018 and re-arrest of the petitioner during emergency parole period.
4. Learned counsel for the petitioner has however contended that the petitioner has already been enlarged on bail in the said case in which he was arrested in U.P. and considering that the trial is not complete in that matter, he cannot be stated to have "committed any crime" as per Rule 1210 (III) of Delhi Prisons Rules.
5. Be that as it may, considering the long incarceration of the petitioner, and that his family consists of his old aged mother, wife and 3 minor children with whom the petitioner has not met for the last 2 years, and no misuse of concession during his release on previous occasions (except for his misdemeanor and arrest during emergency parole in 2020 and 2 years and 6 months having elapsed since), this Court sees no impediment in granting furlough to the petitioner.
6. It is noted that as per nominal roll, the petitioner is resident of R/o Dhauj, Billa Colony, Sector-55 Faridabad, Haryana.
7. Accordingly, the petitioner is enlarged on furlough for a period of 3 weeks from the date of release subject to furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the Jail Superintendent subject to the following conditions:-
i. During the period the petitioner remains out on furlough, the petitioner shall report to the SHO, Police Station- PS Sector 55, Faridabad, Haryana on every Saturday at 4pm and will not be kept waiting for more than an hour.
ii. The petitioner shall also provide the SHO, Police PS Sector 55, Faridabad, Haryana with mobile / telephone number which shall be Signature Not Verified Digitally Signed By:ANISH DAYAL kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned. The mobile location be kept on at all times.
iii. The petitioner shall not leave the jurisdiction of PS Sector 55, Faridabad, Haryana during the period of furlough, without the prior permission of this Court.
iv. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim‟s family or tamper with the evidence of the case.
v. The petitioner is directed to surrender before the jail authorities at the expiry of the period of furlough.
8. The petition is disposed of accordingly.
9. Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
10. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 11, 2023/sm Signature Not Verified Digitally Signed By:ANISH DAYAL