Mohd. Saeed v. State Of (Gnct ) Of Delhi

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 758/2018 MOHD. SAEED .... Petitioner Represented by:

Mr.Aditya Vikram, Advocate versus STATE OF (GNCT ) OF DELHI ... Respondent Represented by:

Mr.Sanjay Lao, ASC for the State with Mr.Sidharth Sindhu, Advocate and SI Alok Bajpai, Spl. Cell/SR

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.04.2018 By this petition the petitioner seeks furlough and also challenges the order dated 7th July, 2017 of the competent authority declining to grant first spell of furlough to the petitioner in terms of para 26.5 of the Parole/Furlough Guidelines, 2010 which read as under: "26.5 The prisoner should not have been convicted of any offence relating to any offence against the State such as sedition."

Petitioner has been convicted for offence punishable under Section 3 TADA besides Sections 121/122/124-A/364/364A/365/384/34 IPC. The offence allegedly proved against the petitioner for which he has been W.P.(CRL) 758/2018

convicted are offences against the State and serious in nature. Since the Parole/Furlough Guidelines do not permit grant of furlough in case where the accused is involved in the offences against the State and here the petitioner is involved in one such case, this Court finds no ground to grant furlough to the petitioner, which is a reward of good conduct or quash the order dated 7th July, 2017 of the competent authority. Petition is dismissed.

A copy of this order be communicated to the petitioner through Superintendent, Tihar Jail.

MUKTA GUPTA, J.

APRIL 24, 2018 'rk'

W.P.(CRL) 758/2018