Prem Shankar v. State

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2068/2019 PREM SHANKAR ..... Petitioner Through:

Ms Himani Verma and Ms Seema Singh, Advocates.

versus STATE ..... Respondent Through:

Mr Amanpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel with SI Pradeep, Lodhi Colony.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.09.2019 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 16.07.2019, whereby the petitioner's application for furlough was rejected. The petitioner's application was rejected as it is reported that the petitioner and his family's antecedents are not good and there is a genuine apprehension that the petitioner would jump furlough. It is also stated that there is possibility of breach of public peace and tranquillity. 2.

The status report has been filed, which indicates that the petitioner was convicted of committing dacoity with murder. It is also stated that the petitioner's parokar - his son - is also involved in four FIRs (FIR No.1007/14 under Section 307/34 IPC & 25/54/59 Arms Act, 1959; FIR No.1007/2015 under Section 379/411 IPC; FIR No.676/2014 under Section 392/34; and FIR No.22/15 under Section 356/379 IPC).

3.

The petitioner is also involved in other cases (FIR No.229/1995 under Section 411 IPC and FIR No.304/1995 under Section 25/54/59 of Arms Act,1959 registered with PS Kalkaji). In addition to the above, it is stated that one of the co-accused is absconding since 02.02.2005 and the other coaccused had had jumped furlough, but was arrested subsequently. 4.

In view of the above, the apprehension that the petitioner would jump furlough and there is a possibility of the petitioner being involved in further incidents, is not unfounded.

5.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J SEPTEMBER 06, 2019 MK