Phool Kumar v. State Govt.Of NCT Of Delhi

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3636/2024 PHOOL KUMAR .....Petitioner Through:

Mr. Shri Singh, DHCLSC.

versus STATE GOVT.OF NCT OF DELHI .....Respondent Through:

Mr. Yasir Rauf Ansari, ASC for the State with SI Suresh Kr. Meena.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 30.04.2025 [Physical Hearing/Hybrid Hearing (as per request)] CRL.M.A. 5249/2025 (for modification of order dated 17.12.2024) 1.

Vide order dated 17.12.2024, petitioner was directed to be released on furlough for second spell for a period of two weeks on certain conditions, including furnishing of a personal bond in the sum of Rs. 10,000/- with one surety of the like amount. Now by way of this application, the petitioner seeks modification of the said condition to the extent of exempting him from presenting a surety.

2.

Learned counsel for petitioner has explained that the sister-in-law of petitioner who had earlier stood as surety has expressed inability to do so now. On the other hand learned ASC submits that earlier, even on parole the accused/applicant had committed an offence and was arrested, which factor would be relevant while considering the exemption sought. 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 01/05/2025 at 16:22:07

3.

In my view, since for almost six months the petitioner has not been able to enjoy the benefit of the reformatory tool of furlough, it appears that actually he has not been able to arrange a surety. Keeping in mind the overall purpose of the exercise of furlough and parole, the application is allowed and order dated 17.12.2024 is modified to the limited extent that the petitioner need not produce any surety, though he shall submit a personal bond in the sum of Rs. 10,000/- as earlier directed. Rest of the conditions of furlough shall remain same. Copy of this order be sent to the Superintendent of police for compliance.

GIRISH KATHPALIA, J APRIL 30, 2025/DR 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. The Order is downloaded from the DHC Server on 01/05/2025 at 16:22:07