Delhi High Court - Orders
Ramjani vs State Of N.C.T. Of Delhi on 23 April, 2024
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 283/2024
RAMJANI ..... Petitioner
Through: Mr. Shiv Chopra, Ms. Aadhyaa, Mr.
Siddharth Arora, Mr. Akshay
Rohmatra, Advocates.
versus
STATE OF N.C.T. OF DELHI ..... Respondent
Through: Mr. Yasir Rauf Ansari, APP for the
State.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 23.04.2024
1. By way of present petition filed under Section 226 the petitioner seeks grant of furlough and seeks to assail the order dated 03.10.2023 whereby his request for grant of furlough was rejected.
2. Learned counsel for the petitioner states that the petitioner is convicted in FIR No.573/2016 under Section 302, 201 at P.S. Bhalswa Dairy, Delhi. He submits that the reason cited for the said rejection is that on being granted parole, the petitioner didn't surrender in time. However, the said circumstance was considered by this Court vide order dated 15.02.2023 passed in W.P.(CRL) 2138/2022 and considering the totality of the facts, the petitioner was granted parole. He submits that the reason for the late surrender was on account of confusion with respect to the date of surrender when the convicts were released on account of directions passed by HPC 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 24/04/2024 at 01:16:49 during the COVID-19. He further submits that as per the latest nominal roll, the petitioner has undergone imprisonment for nearly six years. In so far as late surrender on 28.04.2023 by six days is concerned, it is stated that the petitioner's house was engulfed in fire and that the petitioner reported every day to the local police station at Darbhanga, Bihar. The attendance sheets marked with the police station are also filed alongwith the present petition.
3. Learned ASC for the State, however opposed the application by submitting that petitioner had surrendered late on two previous occasions.
4. During the course of submissions, petitioner has also stated that besides those grounds prayed in the petition, petitioner's son has recently expired on 28.03.2024. The petitioner was last released on Parole on 24.03.2023 to 22.04.2023.
5. Considering the aforesaid and that the petitioner's explanation was found satisfactory by this court in the aforesaid order dated 15.02.2023, the petitioner is granted furlough for a period of three weeks on fulfilling the below mentioned conditions:-
i. During the period the petitioner remains out on furlough, the petitioner will remain resident at his native village Inahi, PS Behari, District Darbhanga, Bihar and shall report to the SHO, PS Behari, Darbhanga, Bihar on every Saturday at 12 noon and shall not be kept waiting for more than an hour.
ii. The petitioner shall also provide the SHO, PS Bhalswa Dairy, with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the 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 24/04/2024 at 01:16:49 SHO concerned. The mobile location be kept on at all times.
iii. 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.
iv. The petitioner is directed to surrender before the jail authorities at the expiry of the period of furlough.
6. The petition is disposed of in the above terms.
7. A copy this order be communicated to the concerned Jail Superintendent.
MANOJ KUMAR OHRI, J APRIL 23, 2024/K 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 24/04/2024 at 01:16:49