Ashok Kumar v. State Of NCT Of Delhi

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1616/2018 ASHOK KUMAR ..... Petitioner Represented by:

Ms.Neha Kapoor, Advocate versus STATE OF NCT OF DELHI ..... Respondent Represented by:

Mr.Ranbir Singh Kundu, ASC for the State with Ms.Suman Saharan, Advocate and SI Jasmer Singh, PS Jahangir Puri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.08.2018 1.

By this petition, petitioner challenges the order dated 7th May, 2018 passed by the Competent Authority rejecting the second spell of furlough to the petitioner.

2.

A status report has been filed. As per the status report, though the address where the family of the petitioner is residing has been verified, however learned Additional Standing Counsel for the State opposes the present petition on the ground that the petitioner is involved in number of cases. It is stated that besides the earlier five cases, petitioner was involved in FIR No.286/1990 under Sections 302/120-B/34 IPC registered at PS Jahangir Puri wherein the petitioner jumped the parole and was re-arrested only after nearly 8 years on 3rd March, 2008 after the petitioner was involved W.P.(CRL) 1616/2018

in FIR No.393/2007 under Section 364A/344/347/368/120-B/34 IPC at PS New Ashok Nagar.

3.

The petitioner was granted first spell of furlough by the Competent Authority however the reason for rejection of second spell of furlough that the petitioner jumped the parole granted earlier cannot be said to be incorrect of illegal. Further furlough is a reward of good conduct and a person who has jumped parole for a period of nearly 6 years cannot be said to be maintaining a good conduct. This Court thus finds no illegality in the impugned order dated 7th May, 2018 passed by the Competent Authority. 4.

Petition is dismissed.

MUKTA GUPTA, J.

AUGUST 01, 2018 mamta W.P.(CRL) 1616/2018