Arshad v. State

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 488/2019 ARSHAD ..... Petitioner Through:

Mr. S.S. Ahluwalia and Mr. Mohit Bora, Advocates.

versus STATE ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel for GNCTD with SI Rahul Kumar, PS-Laxmi Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 15.02.2019 The petitioner has already been granted furlough by the State but with furnishing of two sureties for Rs. 10,000/- each. However, the petitioner seeks reduction of two sureties to one surety. The petitioner has been incarcerated for 7 years 4 months and 21 days and earned remission of 1 year 6 months and 24 days and his conduct in jail has been satisfactory. The Mulaqat Register shows that the petitioner was visited occasionally only by his brother-in-law, who is stated to be living overseas and by his sister, namely, Rafat. He also has another sister, who has not visited him. The last mulaquat was on 19.12.2018 with Rafat and there is no mulaquat with any other person other than her and his brother-in-law, they visit him only during their visit to India. Therefore, the surety may be furnished by one person.

In the circumstance, the order dated 18.12.2018 granting furlough to the petitioner by the State is modified to the extent that the petitioner shall be released on furlough on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned, instead of furnishing two sureties of Rs.10,000/- each alongwith a personal bond of the like amount. In addition to the above conditions, the petitioner shall furnish his own mobile number to the Jail Superintendent concerned before his being released from jail. This number shall be kept operational at all times. The petition is disposed-off in the above terms. NAJMI WAZIRI, J FEBRUARY 15, 2019 RW