Mohit Chauhan v. State (Gnct Of Delhi)

$~147 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 627/2024 MOHIT CHAUHAN ..... Petitioner Through:

Mr.

Gaurav Sharma, Standing Counsel (DHCLSC) versus STATE (GNCT OF DELHI) ..... Respondent Through:

Mr. Sanjeev Bhandari, ASC for State with Ms. Anvita Bhandari, Mr. Kunal Mittal, Mr. Arjit Sharma and Ms. Rishika, Advocates along with Insp. Sandeep Kumar, PS: Vasant Vihar.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 23.02.2024 CRL.M.A. 5803/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 627/2024 3.

This writ petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India read with Sections 440 and Section 482 Cr.P.C., seeking modification of furlough order dated 14.12.2023 to the extent that he may be released on furlough upon furnishing one surety instead of two sureties to the satisfaction of concerned Jail Superintendent. 4.

Learned counsel for the Petitioner states that a request has been made to the Competent Authority to modify the condition and reduce two sureties to one surety, however, the application is still pending. W.P.(CRL) 627/2024 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 26/02/2024 at 15:30:39

5.

Issue notice.

6.

Learned ASC accepts notice on behalf of the State and fairly concedes that in the present case, Petitioner has been released on furlough on two previous occasions and has never misused the liberty, as indicated from the Nominal Roll.

7.

In view of the aforesaid and considering the Nominal Roll, which reflects that Petitioner was released on furlough on two occasions and has not misused the liberty granted, this Court allows the petition. 8.

Accordingly, the order dated 14.12.2023 is modified, directing that the Petitioner will be released on furlough on furnishing a personal bond with one surety to the satisfaction of the concerned Jail Superintendent. 9.

Petition stands disposed of.

JYOTI SINGH, J FEBRUARY 23, 2024/kks W.P.(CRL) 627/2024 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 26/02/2024 at 15:30:39