Ashok Kumar Kohli v. State

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2041/2017 ASHOK KUMAR KOHLI ..... Petitioner Through:

Mr.Imran Khan, Adv.

versus STATE ..... Respondent Through:

Mr.Sachin Gupta, Adv. for Mr.Rajesh Mahajan, ASC.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 20.07.2017 The petitioner was granted furlough for a period of three weeks by the competent authority by order dated 15.05.2017. His release was subject to his furnishing one surety of Rs.10,000/- with a personal bond in the like amount to the satisfaction of the Superintendent of the Central Jail, Mandoli, Delhi.

The petitioner thereafter applied for modification of the order so as to enable him to get released on furnishing cash surety in lieu of surety bond. The reason assigned by the petitioner for seeking such modification is that the family of the petitioner are involved in a serious property dispute and the father of the petitioner is trying to divide the property amongst the family members. The petitioner tried to persuade one of her sister-in-law to be a surety, which she declined because of the pending property dispute.

Taking into account the aforesaid fact namely the property dispute and the fact that the petitioner is a Sahayak of the library and has been getting wages from the jail authority, the order of the competent authority dated 15.05.2017 is modified to the extent that the petitioner would be released on furlough for a period of three weeks, to be counted from his date of release on his furnishing a cash surety of Rs.10,000/- along with a personal bond in the like amount for his release. The order dated 15.05.2017 passed by the competent authority is modified to the extent indicated above. The Court has passed this order taking into account his good conduct in jail and his custody which is more than 11 years.

The petition is allowed.

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

ASHUTOSH KUMAR, J JULY 20, 2017 k