Mahender @ Dabbu v. State

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2324/2018 MAHENDER @ DABBU ... Petitioner Represented by:

Mr.Anuj Kapoor, Advocate versus STATE ... Respondent Represented by:

Mr.Sanjay Lao, ASC for the State with Mr.Siddharth Sandhu, Advocate SI Himanshu, PS Saraswati Vihar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.10.2018 Reply affidavit of Deputy Secretary (Home) has been placed on record stating that the parole and furlough guidelines, 2010 were silent about the gap between the period of parole and furlough to be availed by the convict and in this regard, draft Delhi Prison Rules, 2018 have been framed which are likely to be notified. Learned Additional Standing Counsel for the State submits that the said draft rules are required to be notified within one month as directed by the Hon'ble Division Bench of this Court. By this petition the petitioner seeks parole on the ground that he has to search a suitable life partner for himself and also challenges the communication dated 13th July, 2018 whereby the application of the petitioner seeking parole was declined on the ground that the petitioner has W.P.(CRL) 2324/2018

recently availed the furlough i.e. up to 4th May, 2018 and the grounds are not compelling. As per the Status Report, earlier on an inquiry conducted at House No.N-17-B-170, Pathar Wala Bagh, J.J.Colony, Wazir Pur, Delhi it transpired that the parents and elder brother of the petitioner have passed away and when the petitioner was released on furlough, he resided with his sister-in-law namely Bimla Devi and that his other brother resided in Bhalswa Dairy, Delhi. The Nominal Roll of the petitioner reveals that the petitioner is availing continuous furlough and parole, the last being w.e.f. 20th April, 2018 for a period of two weeks and there is no allegation that he misused the said concession.

Consequently, petitioner is granted parole for a period of four weeks on his furnishing personal bond in the sum of ₹10,000/- with one surety of the like amount to the satisfaction of the Superintendent, Tihar Jail. Petition is disposed of.

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

MUKTA GUPTA, J.

OCTOBER 01, 2018 'rk'

W.P.(CRL) 2324/2018