Rameshwari v. State

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 828/2018 & Crl. M.A. No.5192/2018 RAMESHWARI ..... Petitioner Through Mr.Jivesh Kr. Tiwari, Adv.

versus STATE ..... Respondent Through Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Mr. Prashant Singh, Mr. Chaitanya Gosain, Advs.

along with SI Anu.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.03.2018 The petitioner is seeking furlough for the reasons mentioned in the petition. One such reason is that she wants to partition her property amongst her four children.

On advance notice, learned counsel for the State has put in appearance. His submission is that the prayer made in the petition may not be considered as the petitioner has continuously been availing the benefit of liberty of either furlough or parole and the last two weeks' furlough granted to the petitioner was on 16.01.2018 which expired only on 31.01.2018 meaning thereby that the petitioner had availed of the benefit of this liberty less than two months ago. The status report records this submission. On 25.09.2017, the Competent Authority had in fact declined a similar application made

by the petitioner for the same reason. This Court is of the view that the petitioner already having availed of the benefit of the liberty which is the whole purpose for grant of parole or of a furlough which was only recently as on 31.01.2018; this Court is of the view that the petition is premature to be considered at this stage. Petition disposed of in the above terms.

A copy of this order be sent to the Jail Superintendent for intimation to the petitioner.

INDERMEET KAUR, J MARCH 20, 2018