High Court of DelhiW.P.(CRL)/2416/2016

Deepak Kumar Yadav v. State

2018-01-29Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2416/2016 DEEPAK KUMAR YADAV ..... Petitioner Through:

Mr Ashim Shridhar and Ms Mahima Gupta, Advs versus STATE ..... Respondent Through:

Mr Jamal Akhtar, SC for State withSI Ram Babu

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 29.01.2018 Petitioner is seeking furlough for the reasons mentioned in the petition. The nominal roll of the petitioner reflects that he is a convict under Section 302/376(F)/363 IPC as also Section 201 IPC. The maximum sentence awarded to him is a life sentence; there is a rider that the convict shall not be considered for remission unless he has suffered an actual incarceration of 25 years. The nominal roll of the petitioner reflects that as on 27.01.2018 he has undergone incarceration of almost 8 years and 10 months. His jail conduct is satisfactory.

For the grant of furlough the conduct of the convict has to be kept in mine. The conduct of the convict as per the jail record appears to be satisfactory. He has been reported to be working as

'legal sahayak' in the jail. On an earlier date that this Court had considered the possibility of either Rajbir Singh or his wife Sheela to stand as surety for the petitioner in case furlough is granted. Rajbir Singh who is stated to be maternal uncle of the petitioner is present in Court. He has come to the Court with his identity card; copy of which has been furnished to the investigating officer. The antecedents of the surety shall be verified. Noting the narration of aforenoted facts, this Court is of the view that the petitioner should be granted furlough.

Accordingly, petitioner is granted the benefit of furlough for a period of three weeks to be counted from the date of his release on his furnishing of personal bond in the sum of Rs 10000/- with one surety in the like amount to the satisfaction of the jail Superintendent with the condition that he shall appear before the concerned SHO on every Monday of every week. He shall also furnish his latest residential address and mobile number to the concerned investigating offier. The capacity of Rajbir Singh to stand as surety will be verified by the investigating officer. Petition disposed of in the above terms.

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

INDERMEET KAUR, J JANUARY 29, 2018 SU