Sonu @ Matka v. State

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3351/2019 SONU @ MATKA ..... Petitioner Through Mr Kumar Vaibhaw, Mr Mansimran Singh, Advocates.

versus STATE ..... Respondent Through Mr Sanjay Lao, ASC for State with Karanjeet Sharma, SI Amit Kumar, P.S. Kalyanpuri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.01.2020 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 14.11.2019, whereby the petitioner's request for grant of furlough was rejected.

2.

The furlough was rejected in view of Sub-Paragraph (I) of Paragraph 1223 of the Delhi Prison Rules, 2018. Paragraph 1223 of the Delhi Prison Rules, 2018 is set out below:- "1223. In order to be eligible to obtain furlough, the prisoner must fulfill the following criteria:- I Good conduct in the prison and should have earned rewards in last 3 Annual good conduct report and continues to maintain good conduct.

II. The prisoner should not be a habitual offender. III.

The prisoner should be a citizen of India."

3.

Admittedly, the petitioner's conduct during the past three years does not comply with the conditions as set out in Sub-Paragraph (I) of Paragraph 1223 (I) of the Delhi Prison Rules, 2018 inasmuch as the petitioner was punished on account of recovery of prohibited tobacco, on 30.01.2018. In this view, this Court finds no infirmity with the impugned decision. 4.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J JANUARY 09, 2020 pkv