Faisal @ Sibhu v. State Of NCT Of Delhi & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2293/2024,CRL.M.A. 22392/2024 FAISAL @ SIBHU .....Petitioner Through:

Ms.Naiem Jahan Heena and Mr.Raj Kumar, Advts.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr.Sanjeev Bhandari, Additional standing counsel (Criminal) with Ms.Anvita Bhandari, Mr.Charu Sharma, Mr.Arjit Sharma and Mr.Vaibhav Vats, Advts. for the State.

SI Suresh Kr.Meena, PS New usmanpur

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 06.08.2024 1.

The status report has been filed. As per the status report, the petitioner was released on emergency parole for 90 days on 15.05.2021 which was extended from time to time due to Covid-19 Pandemic. However, in between the petitioner was re-arrested on 17.10.2021 in two other cases i.e.FIR No. 718/2021, U/s - 25/54/59 Arms Act & 102Cr.P.C., PS - Khajoori Khas, Delhi and FIR No. 818/2021, U/s - 379/411 IPC, PS - Loni, Ghaziabad, UP and was admitted in jail on 18.10.2021. Learned additional standing counsel submits that this is a violation of terms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:52:44

andcondition mentioned in the personal bond at the time of release and Rule 1269 (XXI) of DelhiPrisons Rule 2018.

2.

Parole/furlough, is a conditional release from the jail,which is granted by the competent authority, and the same is contingent upon several factors including the behaviour of prisoner within the jail premises or the behaviour when previously released on parole/furlough, and his demonstration of readiness for reintegration into society. Rule 11 of the Parole/Furlough: Guidelines 2010 issued vide Order No. F.18/912009/HG specifies the eligibility to be released on parole. Therefore rule 11.3 states that during the period of release on parole, if granted earlier, the convict should not have committed any crime. Hence, the applicant herein has violated the said rule that the grant of furlough is not a matter of right and the same can be denied in the interest of society. In the case of State of Gujarat v. Narayan, 2021 SCC OnLine SC 949 and Ashfaq v. State of Rajasthan &Ors., (2017) 15 SCC 55, it was observed that the grant of furlough is not a matter of right and the same can be denied in the interest of society 3.

In view of the status report and the rules, I consider that the petitioner is not entitled to grant of parole/furlough.

4.

Hence, the petition along with the pending application is dismissed. DINESH KUMAR SHARMA, J AUGUST 6, 2024 rb/kr..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:52:44