Rajesh Kumar v. State

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3404/2019 RAJESH KUMAR ..... Petitioner Through:

Ms Richa Dhawan, Standing Counsel, DHCLSC.

versus STATE ..... Respondent Through:

Ms Kamna Vohra, ASC for State with Insp. Ajay Karan Sharma, PS Patel Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.12.2019 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 04.10.2019 passed by the Competent Authority, whereby the petitioner's application for grant of parole had been rejected. 2.

A plain reading of the impugned order indicates that the petitioner's application was rejected in view of Rule 1210(II) of the Delhi Prison Rules, 2018 which requires that the conduct of the prisoner to be uniformly good for the last one year prior to the date of the application. 3.

In the present case, the conduct of the petitioner has been found unsatisfactory. He was released on furlough from 03.03.2018 to 17.03.2018 but had surrendered five days late.

In addition, the petitioner was also punished on 17.04.2019 for being in possession of the tobacco but appraisal of the punishment in that regard is awaited.

4.

This Court is also of the view that the petitioner has not indicated any extraordinary circumstances, which requires the petitioner's request to be considered contrary to the aforesaid Rules.

5.

The petition is, accordingly, dismissed. However, it is clarified that the petitioner would be at liberty to apply afresh after 16.03.2020. Needless to state that the petitioner's application, if so made, shall be considered in accordance with law.

VIBHU BAKHRU, J DECEMBER 06, 2019 MK