Delhi High Court - Orders
Imran vs State Of Nct Of Delhi & Anr on 3 November, 2023
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2878/2023
IMRAN ..... Petitioner
Through: Mr. Gunjan Sinha Jain, Advocate
(DHCLSC)
Versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC
for the State with SI Kriti
Sikarwar, PS. Amar Colony.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 03.11.2023
1. By way of the present petition under Article 226 of The Constitution of India, the petitioner seeks the following reliefs:-
a) Issue a writ in the nature of Certiorari quashing the Order no. F.10(3741827)/CJ/LEGAL/PHQ/2023/55194 dated 04.09.2023 passed by the Respondent;
b) Issue a writ in the nature of Mandamus directing the respondent to release the petitioner on 1st Spell of Furlough for a period 3 weeks;
2. Learned counsel for the petitioner submits that the conduct of the petitioner has been satisfactory for the last one year and seeks furlough for rehabilitation and making him a useful member of the society. He further submits that when the petitioner was granted furlough through the HPC Guidelines, he never misused the same.
3. Notice was issued.
W.P.(CRL) 2878/2023 Page 1 of 3This 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 05/11/2023 at 01:22:55
4. Learned ASC for the state submits that the permanent address of the petitioner has been verified and she has no objection to grant of furlough for three weeks.
5. This Court has heard the learned counsels and perused the documents on record.
6. This Court, vide order dated 04.10.2023, issued notice and called for the Status Report and fresh Nominal Roll was also requisitioned. As per Nominal Roll, the jail conduct of the appellant has been „Satisfactory‟ and he has been serving as a "Milk Boiler". Further, considering that the petitioner is seeking 1st Spell of furlough for rehabilitation and that when the petitioner was granted furlough through the HPC Guidelines, has never misused the same, this is a fit case for grant of furlough.
7. Accordingly, the petitioner is granted 1st spell of furlough for a period of three weeks in FIR No.937/2015 registered under Sections 376/392/506 IPC at PS Amar Colony, Delhi from the date of his release, subject to the petitioner depositing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety in the like amount from a family member, to the satisfaction of the Jail Superintendent, and further subject to the following conditions:
i. The petitioner shall not leave the State of NCT of Delhi without permission of the court and shall ordinarily reside at the address as per prison records/ as mentioned in the present petition.
ii. The petitioner shall present himself before the S.H.O., P.S.:
Amar Colony, Delhi every Monday between 11:00 AM and 11:30 AM to mark his presence. However, he will not be kept W.P.(CRL) 2878/2023 Page 2 of 3 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 05/11/2023 at 01:22:55 waiting longer than an hour for this purpose.
iii. The petitioner shall furnish to the S.H.O., P.S: Amar Colony, Delhi a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;
iv. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent;
v. The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice any pending proceedings; vi. Upon expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.
8. A copy of this order be sent to the concerned Jail Superintendent forthwith.
9. The petition is disposed of in above terms.
SAURABH BANERJEE, J NOVEMBER 3, 2023/akr W.P.(CRL) 2878/2023 Page 3 of 3 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 05/11/2023 at 01:22:56