High Court of DelhiW.P.(CRL)/3015/2016

Suraj Kumar Thakjur v. State (Govt Of NCT Delhi)

2016-12-22Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~1.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3015/2016 SURAJ KUMAR THAKJUR ..... Petitioner Through:

Mr. Dhan Mohan, Tanu B Mishra and Sarthak Maggon, Adv.

versus STATE (GOVT OF NCT DELHI) ..... Respondent Through:

Ms. Kamna Vohra, ASC with SI Ashok Kumar, PS Patel Nagar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 22.12.2016 The latest nominal roll is on record. The petitioner has preferred the present petition to seek a direction that he be released on first spell of furlough for a period of three week to look after his old and ill mother, to arrange funds for her and to maintain social ties. The nominal roll shows that the petitioner is undergoing a life sentence in case FIR 31/2004 under Section 302/34 IPC. The petitioner has undergone 12 years 9 months and 6 days incarceration as on 19.12.2016. The petitioner was lastly released on furlough vide order dated 30.11.2015 passed by this court in W.P. (Crl.) No. 2600/2015. The overall jail conduct of the petitioner is stated to be unsatisfactory in view of the punishment imposed upon him - the last being

on 13.05.2015. Since then, more than a year has lapsed and I am, therefore, inclined to allow the present petition.

Accordingly, the petitioner is directed to be released on furlough for a period of three weeks upon his furnishing a personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Trial Court. This is subject to:

i) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

ii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iii) he shall duly surrender at the end of the period of furlough; and iv) he shall also not indulge in any criminal activity while on furlough. The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J DECEMBER 22, 2016 sr