Delhi High Court - Orders
Santosh Kumar Jaiswal vs The Dy. Secretary Home Gov. Of Nct, Of ... on 19 October, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1682/2020
SANTOSH KUMAR JAISWAL ..... Petitioner
Through Mr Sushil Kumar Gupta, Advocate
versus
THE DY. SECRETARY HOME GOV.
OF NCT, OF DELHI & ORS. ..... Respondents
Through Mr Rahul Mehra, Standing Counsel for
State with Mr Chaitanya Gosain, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 19.10.2020 [Hearing held through videoconferencing] CRL.M.A. 14177/2020
1. Allowed, subject to all just exceptions.
W.P.(CRL) 1682/2020
2. The petitioner has filed the present petition, inter alia, impugning the order dated 29.08.2020 passed by the Superintendent District Imprisonment Dehradun (Uttrakhand) whereby the petitioner has been called to surrender.
3. The petitioner also impugns an order dated 09.09.2020 whereby he has been informed that he has overstayed the furlough granted to him earlier.
4. The petitioner claims that in terms of the order dated 27.03.2020 passed by the Government of NCT of Delhi, he is entitled to emergency parole in continuation of the furlough granted earlier.
Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:19.10.2020 22:42:175. The Special Leave Petition (SLP) preferred by the petitioner against an order passed by this Court dismissing his appeal against conviction is pending before the Supreme Court.
6. Mr Mehra, learned Standing Counsel submits that the order dated 27.03.2020 is not applicable. The said issue is covered by a decision of this Court in Nitin Chauhan v. State of NCT of Delhi & Anr. : W.P. (Crl) 1691/2020 decided on 15.10.2020.
7. In view of the above, the learned counsel appearing for the petitioner submits that the petitioner was under a bona fide belief that he was entitled to emergency parole and was not required to surrender. He requests that it be not considered that he has overstayed his furlough.
8. In view of the above, it is clarified that in the event the petitioner surrenders on or before 22.10.2020 before the concerned Jail Authorities, it would not be construed that the petitioner has overstayed his furlough granted to him earlier.
9. The petition is disposed of with the aforesaid directions.
VIBHU BAKHRU, J OCTOBER 19, 2020 pkv Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:19.10.2020 22:42:17