Dhananjay Kumar @ Pyare Lal v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3280/2016 DHANANJAY KUMAR @ PYARE LAL ..... Petitioner Through Ms.Sunita Arora, Adv.

versus STATE ..... Respondent Through Mr.Ashish Aggarwal, ASC.

SI Uday Singh PS Bawana.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 25.07.2017 The petitioner was granted furlough for a period of three weeks by order dated 01.08.2016 passed by the competent authority. Certain conditions were imposed upon the petitioner in order to avail the aforesaid order of furlough, one being the requirement of furnishing one surety of Rs.10,000/- along with personal bond in the like amount to the satisfaction of the Superintendent of the concerned jail.

Since the petitioner could not furnish surety of Rs.10,000/-, a prayer was made before the competent authority to modify such requirement to furnishing of cash surety of Rs.10,000/-.

The aforesaid request of the petitioner was rejected vide order dated 28.09.2016. The straightened financial circumstances and long incarceration of the petitioner have prevented the petitioner from fulfilling the aforesaid condition of furnishing of surety of Rs.10,000/-.

In the interest of justice, this Court feels inclined to allow the present petition.

The order dated 01.08.2016 is modified to the extent that the petitioner would be released on his furnishing a cash surety in the sum of Rs.10,000/- to the satisfaction of the Superintendent of the concerned jail. The other terms and conditions imposed by order dated 01.08.2016 shall subsist.

The petition is allowed.

Copy of the order be communicated to the Superintendent of the concerned jail for compliance and needful.

ASHUTOSH KUMAR, J JULY 25, 2017 ab