Hardayal v. State

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 910/2018 HARDAYAL ..... Petitioner Through :

Counsel for the petitioner (appearance not given). versus STATE ..... Respondent Through :

Mr.Bhagat Singh, proxy counsel for Mr.R.S.Kundu, ASC with.

ASI Pardeep, PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 02.04.2018 CRL.M.A.No.5668/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 910/2018 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for seeking furlough for a period of three weeks. 2.

Nominal Roll dated 13.03.2018 reveals that the petitioner was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life. Crl.A.354/2012 was dismissed by this Court on 13.02.2013. Nominal Roll further reveals that the petitioner has

already undergone eleven years, four months and four days incarceration besides remission for two years, three months and twenty-six days as on 13.03.2018.

3.

Record further reveals that the convict has already been granted four weeks parole by GNCT order dated 19.01.2018. The convict has not availed the said parole so far.

4.

Since the petitioner has already been granted four weeks parole granted by GNCT and it has not been availed, no useful purpose will be served to consider the present writ petition for grant of furlough. Let the petitioner first avail the four weeks parole as granted by the competent authority on 19.01.2018. The petition is unmerited and is dismissed.

S.P.GARG, J.

APRIL 02, 2018 / tr