Delhi High Court - Orders
Faisal @ Sibhu vs State Of Nct Of Delhi & Anr on 6 August, 2024
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2293/2024,CRL.M.A. 22392/2024
FAISAL @ SIBHU .....Petitioner
Through: Ms.Naiem Jahan Heena and Mr.Raj
Kumar, Advts.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through:
Mr.Sanjeev Bhandari, Additional
standing counsel (Criminal) with
Ms.Anvita Bhandari, Mr.Charu
Sharma, Mr.Arjit Sharma and
Mr.Vaibhav Vats, Advts. for the
State.
SI Suresh Kr.Meena, PS New
usmanpur
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 06.08.2024
1. The status report has been filed. As per the status report, the petitioner was released on emergency parole for 90 days on 15.05.2021 which was extended from time to time due to Covid-19 Pandemic. However, in between the petitioner was re-arrested on 17.10.2021 in two other cases i.e.FIR No. 718/2021, U/s - 25/54/59 Arms Act & 102Cr.P.C., PS
- Khajoori Khas, Delhi and FIR No. 818/2021, U/s - 379/411 IPC, PS - Loni, Ghaziabad, UP and was admitted in jail on 18.10.2021. Learned additional standing counsel submits that this is a violation of terms 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 23/08/2024 at 22:25:22 andcondition mentioned in the personal bond at the time of release and Rule 1269 (XXI) of DelhiPrisons Rule 2018.
2. Parole/furlough, is a conditional release from the jail,which is granted by the competent authority, and the same is contingent upon several factors including the behaviour of prisoner within the jail premises or the behaviour when previously released on parole/furlough, and his demonstration of readiness for reintegration into society. Rule 11 of the Parole/Furlough: Guidelines 2010 issued vide Order No. F.18/91- 2009/HG specifies the eligibility to be released on parole. Therefore rule 11.3 states that during the period of release on parole, if granted earlier, the convict should not have committed any crime. Hence, the applicant herein has violated the said rule that the grant of furlough is not a matter of right and the same can be denied in the interest of society. In the case of State of Gujarat v. Narayan, 2021 SCC OnLine SC 949 and Ashfaq v. State of Rajasthan &Ors., (2017) 15 SCC 55, it was observed that the grant of furlough is not a matter of right and the same can be denied in the interest of society
3. In view of the status report and the rules, I consider that the petitioner is not entitled to grant of parole/furlough.
4. Hence, the petition along with the pending application is dismissed.
DINESH KUMAR SHARMA, J AUGUST 6, 2024 rb/kr..
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 23/08/2024 at 22:25:22