Maqsood Ali v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3312/2016 MAQSOOD ALI ..... Petitioner Through:

Mr. Rajender Chhabra, Advocate.

versus STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC for Mr. R.S.

Kundu, ASC along with SI Rajiv Kumar, PS-Welcome, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 18.11.2016 Issue notice. Mr. Lao accepts notice on behalf of the State. The petitioner has preferred the present writ petition to seek a direction that he be released on furlough for a period of three weeks on furnishing personal bond and depositing cash security in lieu of the surety bond.

The petitioner was granted furlough on 01.07.2016 on a condition that he shall furnish one surety of Rs.10,000/- along with a personal bond in the like amount. Other conditions were also imposed. The petitioner submits that he is not in a position to provide the surety. He has also relied upon

earlier orders, whereby the requirement of his furnishing a surety had been dispensed with.

The nominal roll shows that the petitioner, who is undergoing life imprisonment, has already undergone 14 years, 4 months and 23 days of incarceration apart from earning remission of 3 years, 5 months and 6 days. He was lastly released on parole between 16.11.2015 and 16.12.2015. His jail conduct during the said period was satisfactory. In view of the aforesaid, Mr. Lao has left it to the Court to pass appropriate orders.

Looking to the aforesaid circumstances, the condition imposed upon the petitioner of requiring him to furnish one surety of Rs.10,000/- along with a personal bond in the like amount is modified to the extent that the petitioner may not be required to furnish surety for the amount of Rs.10,000/- and, instead, apart from his personal bond, he shall deposit cash security of Rs.10,000/-. All other terms & conditions on which he was granted furlough shall remain the same.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J NOVEMBER 18, 2016 B.S. Rohella