Delhi High Court - Orders
Raj Kumar vs State If Nct Of Delhi on 21 September, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2073/2023
RAJ KUMAR ..... Petitioner
Through: Mr. Arjun Malik, Advocate.
versus
STATE IF NCT OF DELHI ..... Respondent
Through: Ms. Rupali Bandhopadya, ASC for
the State.
SI Ajit Kumar, PS Timarpur.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 21.09.2023
1. The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC seeks the following prayers:
"a. Issue a writ in the nature of Certiorari quashing the Order no.F.10(34773431)/CJ/LEGAL/PHQ/2023/3866 dated 02.06.2023 passed by the Respondent; and b. Issue a writ in the nature of mandamus directing the respondent to release the petitioner on 1st Spell of Furlough of 03 weeks in FIR No. 427/1997, U/s 406/302/498A IPC PS Timarpur, Delhi; or c. Pass any other order or further orders, which this Hon'ble Court deems fit and proper in the interest of justice."
2. Learned counsel of the petitioner submits that the latter seek furlough for a period of three weeks. It is submitted that the petitioner was convicted in case FIR No. 427/1997 under Sections 406/302/498A of the IPC registered at PS Timarpur. Vide order on sentence dated 17.11.1999, he was sentenced to undergo rigorous imprisonment for life and a fine of Rs. 2,500/-. In default of payment of fine, he was sentenced to undergo further 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 22/09/2023 at 00:20:55 rigorous imprisonment for nine months. Learned counsel for the petitioner submits that his application dated 01.05.2023 seeking furlough was rejected by the competent authority vide order number F.10(34773431)/CJ/Legal/PHQ/2023/3866 dated 02.06.2023 on the grounds of Rule 1244(iii) of the Delhi Prison Rules, 2018 which provides that a prisoner who absconded while he was out on parole shall not be eligible to be released on furlough. The petitioner was released on furlough on 02.03.2020, and, therefore, in view of HPC guidelines he was on emergency parole. It is stated that he jumped parole and was re-arrested on 11.10.2022.
3. Learned counsel for the petitioner submits that the latter was released on furlough 02.03.2020, which was later converted to emergency parole on account of the prevailing Covid-19 pandemic. It is submitted that the petitioner did not jump parole intentionally. He was unable to do so because of the unavailability of transportation facilities due to the pandemic. It is submitted that the petitioner wrote to the concerned authorities regarding the same on 24.03.2020. It is further submitted that on 26.02.2021, he surrendered before the authorities at Jail No. 4, Tihar but he was directed to surrender before Central Jail No. 14, Mandoli. On reaching Central Jail No. 14, Mandoli, the petitioner was not allowed to surrender and was sent back. It is submitted that thereafter, the petitioner received no information about when he was required to surrender until he was re-arrested on 11.10.2022. It is further submitted that prior to that, the petitioner was released on furlough on eight different occasions and he duly surrendered each time without misusing the liberty granted to him. In support of his contentions for grant of parole, learned counsel for the petitioner places reliance on the following orders/judgments:
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 22/09/2023 at 00:20:55 i. Surender alias Bhola v. State of GNCTD of Delhi, Order dated 22.11.2022 passed by a coordinate bench of this Court in W.P.(CRL) 605/2022.
ii. Manoj Sirohi v. State of the NCT of Delhi, 2023:DHC:4718. iii. Rajkumar alias Bhola v. State (Govt. of NCT of Delhi), Order dated 10.02.2023 passed by a coordinate bench of this Court in W.P.(CRL) 25/2023.
iv. Sultan @ Rajesh v. STATE of GNCTD of Delhi, 2022/DHC/003474. v. Ram Sagar @ Sagar v. State NCT of Delhi, Order dated 08.02.2023 passed by a coordinate bench of this Court in W.P.(CRL) 748/2022.
4. Learned Additional Standing Counsel opposes the present petition and submits that the petitioner is likely to flee if he is released on parole. It is further submitted that the overall jail conduct of the petitioner is unsatisfactory.
5. Heard learned counsel for the parties and perused the record.
6. Before the petitioner was released on furlough on 02.03.2020, he was released on furlough on as many as eight different occasions and he surrendered on time after expiry of the furlough period without misusing the liberty granted to him. The nominal roll reflects that the petitioner has undergone 12 years 01 months and 22 days of sentence. The case of the petitioner is similar to the orders/judgments relied upon on his behalf. As far as the bar contained in Rule 1224(iii) is concerned, it is noted that the said provision does not bar this Court from exercising jurisdiction under Article 226 of the Constitution of India.
7. In totality of the facts and circumstances of the case, the present petition is allowed. The petitioner is directed to be released on furlough for a 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 22/09/2023 at 00:20:56 period of thee weeks from the date of his release, subject to the following conditions:
i. The petitioner shall furnish a personal bond in the sum of Rs. 20,000/-
with one surety of the like amount, to the satisfaction of the concerned Jail Superintendent.
ii. The memo of parties reflects that the petitioner resides at Thane Wali Gali, Sarai Shankara, Nand Puri, PS - Iglas, Aligarh, Uttar Pradesh. In case of any change in address, the petitioner is directed to inform the same to the concerned Jail Superintendent.
iii. The petitioner shall report to the SHO, PS Iglas, District Aligarh, Uttar Pradesh, once a week, on every Sunday at 10:00 AM. The concerned officer shall release the petitioner by 11:00 AM, after completion of all necessary formalities.
iv. The petitioner shall furnish his mobile number to the concerned jail authorities and to the Investigating Officer and keep it operational at all times.
v. The petitioner shall surrender before the concerned jail authorities immediately upon the expiry of his parole.
8. The petition is accordingly disposed of.
9. Pending applications, if any, also stand disposed of.
10. Copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.
11. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J SEPTEMBER 21, 2023/sn 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 22/09/2023 at 00:20:56