Ganga Sahay v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3365/2019 GANGA SAHAY ..... Petitioner Through:

Mr Gautam M.Khazanchi, Mr Vishnu Menon and Mr Vaibhav Dubey, Advocates.

versus STATE ..... Respondent Through:

Ms Nandita Rao, ASC for Ms Kamna Vohra, ASC (Crl.), GNCTD with W/ASI Sajani Devi, PS Vijay Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.12.2019 1.

The petitioner has filed the present petition impugning an order dated 31.10.2019, whereby the petitioner's request for modification of the terms of furlough was rejected.

2.

The petitioner was granted furlough by an order dated 03.10.2019 on certain conditions. This included the condition that he would furnish two sureties of the sum of ₹15,000/- each, along with Personal Bond of a like amount. Aggrieved by the same, the petitioner had made an application for deduction of the said amount to ₹10,000/-. However, the said application was rejected by the impugned order dated 31.10.2019. 3.

The learned counsel appearing for the petitioner states that the petitioner had been released on furlough. A plain reading of the impugned

order indicates that the petitioner's request has been denied, as he had jumped parole in 2015 and was re-arrested in another case on 01.09.2015. The learned counsel appearing for the petitioner submits that he had been granted furlough from 11.06.2019 to 03.07.2019. He states that he was granted furlough on his wife standing as a surety. 4.

In view of the above, the present petition is disposed of by directing the authorities to release the petitioner on furlough in terms of the order dated 03.10.2019 albeit subject to the petitioner furnishing sureties of the amount, as stipulated for the furlough granted to the petitioner from 11.06.2019 to 03.07.2019.

5.

The petition is disposed of.

VIBHU BAKHRU, J DECEMBER 03, 2019 MK