Parveen Kumar @ Pappu @ Puran Saxena v. State

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2704/2018 PARVEEN KUMAR @ PAPPU @ PURAN SAXENA ..... Petitioner Represented by:

Mr.Aditi S. Pujari, Adv.

versus STATE ..... Respondent Represented by:

Ms.Kamna Vohra, ASC for State.

SI Vipin Shokeen PS Ashok Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.11.2018 By the present petition, the petitioner had challenged the order dated 09th July, 2018 whereby the order granting furlough dated 30th June, 2018 was not modified and the petitioner was not permitted to avail the furlough because the co-convict was out on furlough.

Contention of the learned counsel is that since there are three convicts in the FIR in question, in case furlough is granted to the one convict, the coconvict has to surrender before the next convict is released on furlough, which results in non-utilisation of three furloughs in a year. The petitioner has a right to make representation to the competent authority in this regard, who would see if the mechanism is so framed and in cases of multiple convicts, the co-convicts are released on furlough in a W.P.(CRL) 2704/2018

manner that each of the convict is able to avail three furlough in the year. Nominal roll has been handed over by learned Additional Standing Counsel for the State, as per which the petitioner has now been released on furlough for a period of three weeks w.e.f. 22nd October, 2018. The petitioner having been released on furlough, the present petition is dismissed as infructuous.

Copy of this order be communicated to the appellant through Superintendent, Tihar, Delhi and to the Director General Prisons to frame a policy in cases of multiple convicts.

MUKTA GUPTA, J.

NOVEMBER 02, 2018 ab W.P.(CRL) 2704/2018