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Delhi High Court - Orders

Sultan @ Rajesh vs State Of Nct Of Delhi on 13 September, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~59
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(CRL) 2128/2022
                                     SULTAN @ RAJESH
                                                                                            ..... Petitioner
                                                      Through: Mr.Paranjay Chopra and Mr.Shuham
                                                                    Karnwal, Advocates from DHCLSC.
                                                      versus
                                     STATE OF NCT OF DELHI
                                                                                         ..... Respondent
                                                      Through: Mr.Sanjay Lao, Standing Counsel
                                                                    (Crl), Mr.Karanjeet Rai Sharma,
                                                                    Ms.Supriya Manan, and Ms.Priyam
                                                                    Agarwal, Advocates with Inspector
                                                                    Khalid PS Jamia Nagar.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER

% 13.09.2022 CRL M.A. No.18348/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(CRL) 2128/2022

3. This petition is filed for grant of furlough of three weeks to petitioner.

4. The impugned order dated 18.08.2022 passed by the respondent notes the petitioner was released on emergency parole with effect from 11.04.2020 to 07.06.2020 which was further extended from time to time due to COVID- 19 till 28.02.2021, but the petitioner did not surrender on time and jumped the emergency parole and ultimately he was re-arrested on 08.09.2021. Thus, the learned Standing Counsel submits per Rule 1224 of the Delhi Jail Manual, the petitioner is not entitled to furlough, though otherwise, the Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:14.09.2022 14:48 petitioner is entitle to three furlough a year.

5. The learned counsel for petitioner submits this fact has been agitated by the State even in earlier W.P (Crl) No.764/2022 and after order dated 03.06.2022, the furlough was granted for three weeks and the petitioner surrendered in time on 02.07.2022.

6. The learned Standing Counsel for State submits the conduct of petitioner needs to be seen before passing the order.

7. In the circumstances, latest nominal roll of petitioner be called for next date of hearing.

8. List again on 03.11.2022.

YOGESH KHANNA, J.

SEPTEMBER 13, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:14.09.2022 14:48