Mohd. Shahid Malik @ Raja v. State

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2549/2018 MOHD. SHAHID MALIK @ RAJA ..... Petitioner Through:

Ms. Aishwarya Rao, Advocate.

versus STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC for State with SI Omkar Mal, PS-Kapashera.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 29.08.2018 Issue notice. Mr. Sanjay Lao, the learned Additional Standing Counsel for the State accepts notice.

This petition seeks quashing of the order dated 18.06.2018, which according to the petitioner, has imposed a condition upon him of furnishing a surety of Rs. 20,000/- in addition to the personal bond for the same amount for the purpose of his release on furlough for a period of three weeks. It is the petitioner‟s case that his family members live in Bangalore; they are impoverished and are otherwise unable to come to Delhi and stand surety for him. Additionally, his mother is aged and indisposed. The petitioner has been incarcerated for almost 9 years and 2 months and has lost almost all social ties and it is for this purpose that he has sought furlough. His conduct in jail is stated to be satisfactory. He has earlier been granted parole twice for four weeks and eight weeks respectively and furlough

four times in the last two years, and has never misused the said liberty. The learned counsel for the petitioner states, upon instructions, that the petitioner shall surrender before the Jail Authorities after the expiry of the furlough period, if released upon modified conditions. In view of the above, the Court is of the opinion that the petitioner‟s circumstances warrant a modification of the furlough conditions. Accordingly, there should be no insistence of his furnishing one surety of Rs. 20,000/-, instead he will be released on furlough upon his furnishing a personal bond in the sum of Rs. 20,000/-. However, the other conditions imposed by the order dated 17.05.2018, granting three weeks‟ furlough to the petitioner, shall remain intact.

The petition is allowed in the above terms.

A copy of this order be given dasti to the learned counsel for the parties and a copy of this order shall also be delivered upon the Jail Superintendent concerned, through the State.

NAJMI WAZIRI, J AUGUST 29, 2018 RW