Delhi High Court - Orders
Usman @ Kale vs State Of Nct Of Delhi on 25 November, 2024
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2705/2024
USMAN @ KALE .....Petitioner
Through: Mr.Sharad Malhotra and Mr.Ayush
Rathor, Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Through: Ms.Nandita Rao, ASC for State with
Mr.Amit Peswani, Advocate with SI Parveen
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 25.11.2024
1. By way of present petition, the petitioner seeks quashing of the order dated 08.07.2024 passed by DS-Legal, PHC, Delhi Prisons and grant of furlough for a period of three weeks in FIR No.248/2010 registered under Sections 365/376(2)(g)/506/34 IPC at P.S. Dhaula Kuan, Delhi.
2. Learned counsel for the petitioner submits that the impugned order is passed without taking into account that the petitioner has 03 Annual Good Conduct Reports in the last three years in terms of Rule 1223 of Delhi Prison Rules, 2018. He further submits that there are no other adverse circumstances against the petitioner.
3. Issue notice.
4. Learned ASC for the State accepts notice and, while opposing the present petition, submits that after being released on emergency parole in the year 2020, the petitioner was found involved in 3 other cases. He, however, 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 25/11/2024 at 22:47:01 concedes that in the last three years, the petitioner's conduct has been found to be satisfactory and confirms that the petitioner has 03 Annual Good Conduct Reports.
5. At this stage, learned counsel for the petitioner submits that he is on bail in the aforesaid three cases. He further places reliance on decision of a Coordinate Bench of this Court in W.P. (CRL) 21/2023 dated 21.02.2023, wherein, while referring to the decisions in Satender alias Gajender v. State (Govt. of Nct of Delhi) in W.P.(CRL) 221/2022, Rajkumar alias Bhola v. State (Govt. of Nct of Delhi) in W.P.(CRL) 25/2023 and Asfaq v. State of Rajasthan reported as (2017) 15 SCC 55, the Coordinate Bench had granted furlough to the petitioner therein on similar facts.
6. Considering the aforesaid, the petition is allowed and the petitioner is directed to be released on furlough for a period of three weeks from the date of his release, subject to him furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent/Duty J.M./concerned Court and subject to the following conditions:-
i) The petitioner shall not leave the Delhi NCR without prior permission of the concerned Court;
ii) At the time of furnishing personal bond, the petitioner would specify the mobile number, which he undertakes to keep operational during the period of his release;
iii) In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.
iv) The petitioner shall not directly/indirectly try to get in 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 25/11/2024 at 22:47:01 touch with the complainant or any other prosecution witnesses or tamper with the evidence;
v) The petitioner shall surrender upon expiry of the furlough period.
7. Petition is disposed of in the above terms.
8. Copy of the order be communicated to the concerned Jail Superintendent for information and necessary compliance.
MANOJ KUMAR OHRI, J NOVEMBER 25, 2024 na 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 25/11/2024 at 22:47:01