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High Court of DelhiW.P.(CRL)/225/2020

Durgesh Jha v. State

2020-01-24Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 225/2020 DURGESH JHA ..... Petitioner Through Mr Kamlesh Jha, Advocate .

versus STATE ..... Respondent Through Mr Rahul Mehra, Standing Counsel with Mr Jamal Akhtar, Advocate.

SI P.L. Meena, P.S. Amand Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.01.2020 1.

The petitioner has filed the present petition, inter alia, praying that he be granted parole for a period of two weeks to perform the Mundan ceremony of his son.

2.

The petitioner had applied for furlough and was granted the third spell of furlough by an order dated 19.12.2019, but despite the said order, the petitioner has not been released on account of a blanket order interdicting such release on account of the ensuing assembly elections. 3.

The learned counsel appearing for the petitioner states that the Mundan ceremony is now scheduled to be held on 27.01.2020 at 1.00 p.m. In view of the above, the learned counsel appearing for the petitioner submits that the petitioner may be permitted custody parole for six hours (excluding the time of travel) to attend the Mundan Ceremony of his son. This contention appears merited.

4.

The petitioner is directed to be released on custody parole for a period of six hours (excluding the time of travel) to attend the Mundan ceremony of his son scheduled on 27.01.2020 at 1.00 p.m. The petitioner shall be taken to the venue at least one hour prior to the Mundan ceremony and shall be remitted back after the completion of the said period of six hours. Insofar as the furlough, as granted to the petitioner by an order dated 19.12.2019 is concerned, the petitioner shall be released on furlough as granted by the said order as per the relevant Rules. It is clarified that the grant of custody parole would not prejudice the petitioner's right for his release on furlough for a period of two weeks, as already permitted to him. 5.

The petition is disposed of.

6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 24, 2020 pkv