Dhananjay @ Pyare Lal v. State

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 42/2018 DHANANJAY @ PYARE LAL .... Petitioner Represented by:

Ms.Sunita Arora, Advocate versus STATE ... Respondent Represented by:

Mr.Rajesh Mahajan, ASC with Ms.Jyoti Babbar, Advocate SI Uday Singh, PS Bawana

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.02.2018 By this petition the petitioner seeks modification of the order dated 23rd May, 2017 whereby he was granted first spell of furlough for a period of three weeks on his furnishing personal bond in the sum of ₹10,000/- with one surety of the like amount to the satisfaction of the Superintendent, Central Jail No.13, Mandoli, Delhi. When the present petition came up before this Court, learned counsel for the petitioner submitted that earlier also petitioner was released on furlough on his furnishing a cash surety and that the said cash surety was lying with the Superintendent, Jail. This Court directed the State to verify the said fact. As per the Status Report, the cash surety furnished by the petitioner has since been withdrawn and is thus not lying with the Superintendent, Mandoli Jail.

W.P.(CRL) 42/2018

Learned Additional Standing Counsel has brought to the notice of this Court that after the order dated 23rd May, 2017 was passed by the competent authority granting furlough to the petitioner for a period of three weeks, the petitioner who had also applied for parole, was granted parole by the competent authority vide communication dated 26th July, 2017 on his furnishing a surety bond in the sum of ₹4,000/- which order was subsequently modified and the petitioner was directed to be released on parole on his depositing a cash security of ₹4,000/- from the P.P. account of Central Jail No.13, Mandoli, Delhi. As per the Nominal Roll, the petitioner has availed the said parole granted to him w.e.f. 28th September, 2017 to 27th October, 2017.

Thus, after the grant of furlough on 23rd May, 2017, which benefit the petitioner could not avail, the petitioner has already availed the benefit of parole and thus, this Court finds no ground to modify the order dated 23rd May, 2017 passed by the DG (Prisons).

Petition is dismissed.

Needless to note that the dismissal of this petition in no way will hinder the petitioner from seeking further parole or furlough from the competent authorities, if entitled to.

Copy of this order be communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

FEBRUARY 28, 2018 'rk'

W.P.(CRL) 42/2018