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High Court of DelhiW.P.(CRL)/3414/2024

Dal Chand v. State (NCT Of Delhi)

2024-12-03Hon'Ble Mr. Justice Anish Dayal3 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3414/2024 DAL CHAND .....Petitioner Through:

Mr. Siddharth Yadav, Advocate.

versus STATE (NCT OF DELHI) .....Respondent Through:

Mr. Sanjeev Bhandari, ASC(CRL.) for State along with Ms. Charu Sharma, Mr. Arjit Sharma, Mr.

Vaibhav Vats, Mr. Nikunj Bindal, Advocates & Insp. Arun Kumar, PS:

Adarsh Nagar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 03.12.2024 1.

This petition has been filed seeking furlough in FIR No. 179/2011, registered at P.S. Adarsh Nagar, under Sections 364A/120B/34 IPC. 2.

Status report and Nominal Roll is placed on record. As per Nominal Roll, petitioner has served about 16 years along with remission in custody. Parole/Furlough have been granted on multiple occasions from 2018 till 2023.

3.

On one occasion when he was on extended parole in 2022, he was implicated in another FIR No.256/2021 under Section 363/376/323 IPC registered at P.S. Matsaina, District Firozabad, U.P., in which he has been on bail.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Counsel for petitioner states that co-accused in this matter in U.P. has already been acquitted, and trial of the petitioner, however, has been separated, since he has never been produced from Tihar Jail. 5.

It is noted that even after 2022, parole was granted to petitioner by this Court in October 2023.

6.

In these circumstances, furlough is granted to petitioner for a period of three weeks on the conditions as stated herein below: 7.

In view of the above, this Court sees no impediment in granting furlough to the petitioner. The petitioner is enlarged on furlough for a period of three weeks from the date of release subject to furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the Jail Superintendent subject to the following conditions:- i.

During the period the petitioner remains out on furlough, the petitioner shall report to the SHO, Police Station Adarsh Nagar, Delhi on every Saturday.

ii.

The petitioner shall also provide the SHO, Police Station Adarsh Nagar, Delhi, with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned.

iii.

The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

iv.

The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole.

8.

Accordingly, the petition is disposed of.

9.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

10.

Order dasti.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 3, 2024/ak/tk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.