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High Court of DelhiW.P.(CRL)/1040/2018

Mahender @ Dabbu v. State

2018-04-11Hon'Ble Ms. Justice Mukta Gupta2 pages

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1040/2018 MAHENDER @ DABBU ..... Petitioner Represented by:

Mr. Anuj Kapoor and Ms.

Namita Wali, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Ashish Negi, Ms. Sushila and Ms. Shikha Mehra, Advocates for Ms. Richa Kapoor, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.04.2018 Petitioner was granted second spell of furlough by the competent authority vide order dated 22nd December, 2017, however, subject to personal bond for a sum of ₹20,000/- with two surety bonds of the like amount. Since the petitioner was not in a position to furnish two surety bonds for a sum of ₹20,000/-, he filed an application for modifying the order which was rejected by the competent authority vide order dated 12th February, 2018. Hence, the present petition.

Notice.

Learned proxy counsel for the learned ASC accepts notice. A perusal of the paper book reveals that earlier also when furlough was granted to the petitioner condition of the personal bond of ₹20,000/- W.P.(CRL) 1040/2018

with two sureties of the like amount was imposed which was modified by this Court on 21st August, 2017 noting that vide order dated 3rd February, 2017 petitioner was directed to be released on parole for a period of one month on his furnishing a personal bond in the sum of ₹10,000/- with one surety of the like amount subject to the satisfaction of the Jail Superintendent and the petitioner did not misuse the said concession. From the nominal roll it is evident that the petitioner, after grant of parole and furlough, has surrendered. Thus, the order dated 22nd December, 2017granting second spell of furlough to the petitioner is modified and the petitioner is directed to be release on furlough for a period of two weeks on his furnishing a personal bond in the sum of ₹10,000/- with one surety bond of the like amount, subject to the satisfaction of Superintendent, Tihar Jail, other condition as imposed in the order remaining same. Petition is disposed of.

Copy of the order be communicated to the petitioner through Superintendent, Tihar Jail.

MUKTA GUPTA, J.

APRIL 11, 2018 'yo'

W.P.(CRL) 1040/2018