Prem Singh v. State

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2327/2019 PREM SINGH ..... Petitioner Through:

Mr Sunil Sharma, Advocate.

versus STATE ..... Respondent Through:

Mr Aman Preet Singh, Advocate for Mr Rahul Mehra, Standing Counsel for State with SI Randeep, PS Prashant Vihar.

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 03.07.2019 passed by the competent authority rejecting the petitioner's application for furlough. The petitioner's application has been rejected on the ground that it may have adverse impact on the witnesses and the victim and the petitioner may jump parole. 2.

As on 31.07.2019, the petitioner has been in custody for a period of ten years, two months and twenty-four days.

During the said period, remission of two years and seven months has been granted. The petitioner was sentenced to life imprisonment and a fine of ₹10,000/- as he was convicted of an offence under Section 302 of the IPC. The petitioner was found to have murdered of his two sons.

3.

The petitioner's overall conduct in the jail as well as his conduct during the past year has been reported to be satisfactory. 4.

The petitioner states that on release on furlough, he shall stay at RZF-

135/1, Gali No.38, Sadh Nagar, Phase-II Palam Colony, Delhi. The said address has been verified and belongs to his sister. 5.

It is stated that she resides at the said address along with her husband, son, daughter-in-law and daughter. Her two grandchildren also live in the same house.

6.

Considering that the petitioner has been in continuous custody for over ten years, this Court considers it apposite to direct that furlough be granted, albeit, with certain conditions.

7.

The petitioner shall be released on furlough for a period of three weeks on furnishing of Personal Bond in the sum of ₹25,000/- and a surety of the like amount to the satisfaction of the Jail Superintendent. During the period of the said furlough, the petitioner shall reside at the address given and shall not leave the local area.

8.

The petitioner shall also report to the SHO, Palam Village twice a week.

9.

The respondent shall also inform the petitioner's father in law and his wife regarding this order. The SHO of the area where they reside shall also ensure that the adequate protection is available to the said persons while the petitioner is on furlough.

10.

The petition is allowed with the aforesaid terms. 11.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J SEPTEMBER 06, 2019 MK