Vishwajeet Dass @ Nirmal v. State

48# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 780/2018 VISHWAJEET DASS @ NIRMAL ..... Petitioner Represented by:

Mr. Zeeshan Hashmi, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Rahul Mehra, Standing Counsel for State with SI Anil Kumar, PS C.R. Park.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.03.2018 1.

Issue notice.

2.

Learned Standing Counsel accepts notice on behalf of the State. 3.

Status report has been handed over by the State which is taken on record.

4.

By this petition the petitioner challenges the communication dated 22nd January, 2018 whereby the application of the petitioner seeking first spell of furlough was rejected on the ground that the petitioner has been punished 13 times and his address has not been verified. 5.

A perusal of the nominal roll reveals that the last jail punishment to the petitioner was on 17th November, 2016. Thus more than one year has elapsed when the last jail punishment was awarded. Further after the last jail punishment, petitioner was granted parole by this Court which the petitioner availed w.e.f. 8th September, 2017 and there are no allegations that W.P.(CRL) 779/2018

he misused the said concession.

6.

Considering the facts noted above, this Court deems it fit to direct the Director General, Prisons, to treat the present writ petition as a representation/application of the petitioner seeking furlough and decide the same within three weeks.

7.

Petition is disposed of.

8.

Copy of the order be communicated to Director General, Prisons, and the petitioner through Superintendent, Central Jail No. 13, Mandoli. MUKTA GUPTA, J.

MARCH 16, 2018 'vn'

W.P.(CRL) 779/2018