Janak v. State

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2540/2019 JANAK ..... Petitioner Through:

Mr Simon Benjamin, Advocate (DHCLSC).

versus STATE ..... Respondent Through:

Mr Rajesh Mahajan, ASC for State.

SI Manjeet, PS Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.09.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to release the petitioner on furlough for a period of three weeks.

The petitioner's request was denied in view of Rule 1223 of the Delhi Prison Rules, 2018 which requires the convict to have three Annual Good Conduct Reports in order for the convict to be eligible for the grant of furlough.

2.

In the present case, the petitioner was awarded a punishment, as he was involved in an altercation with another convict on some petty issue which had later turned into a scuffle. The petitioner was awarded punishment of suspension of mulakat for a period of fifteen days by an order dated 15.09.2016.

3.

Mr Mahajan, learned ASC appearing for the State, submits that the petitioner would be entitled to be considered for parole after the expiry of six months from completion of his last parole, notwithstanding the aforesaid

Rule, as the same applies only to the grant of furlough. 4.

In view of the above, the petition is dismissed leaving it open for the petitioner to make an application for parole after the expiry of the said period of six months from completion of his last parole. VIBHU BAKHRU, J SEPTEMBER 11, 2019 RK