Delhi High Court - Orders
Gopi Nisha Mallah vs State Of Nct Of Delhi on 27 September, 2023
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2836/2023
GOPI NISHA MALLAH ..... Petitioner
Through: Mr. Faraz Maqbool, DHCLSC and
Ms. Sana Jujeja, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Anand V. Khatri, Addl. Standing
Counsel(Crl.) for GNCTD/State with
SI Balbir, PS: Bara Hindu Rao.
CORAM:
HON'BLE MS. JUSTICE ANISH DAYAL
ORDER
% 27.09.2023 CRL.M.A. 26404/2023(Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(CRL) 2836/2023
1. This petition has been filed under Section 325/363/376(2) (I) & (M) IPC & 6 POCSO, in FIR No 15/2014 registered at Bara Hindu Rao seeking quashing of the order dated 04th September, 2023, passed by the Competent Authority, rejecting the application for furlough for the petitioner/convict.
2. The reasons stated in the said order are due to the nature of the crime committed, as well as a six day late surrender on 09th March, 2021, after emergency parole.
3. Learned counsel appearing on behalf of the petitioner states that as 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 04/10/2023 at 20:50:59 per the nominal roll, the petitioner has been in custody for nine years five month and a remission of one year seven months has been granted. There are no other involvements and the jail conduct has been satisfactory.
4. It is also pointed out that the petitioner was granted interim bail in 2017, 2018 & 2019 and surrendered in time and did not misuse the same; the six day surrender delay was during covid pandemic after emergency parole was granted.
5. Issue notice.
6. Learned APP appearing on behalf of the State, accepts notice and will file a status report, if any, before the next date of hearing.
7. List on 30th October, 2023.
8. Copy of the order be uploaded on the website of this Court.
ANISH DAYAL, J SEPTEMBER 27, 2023/RK 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 04/10/2023 at 20:50:59