Mithlesh Kumar Kushwaha v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2265/2017 MITHLESH KUMAR KUSHWAHA ..... Petitioner Through:

Mr.O.P.Saxena, Adv.

versus STATE ..... Respondent Through:

Mr.Jamal Akhtar, Adv. for Mr.Rahul Mehra, Standing Counsel (Crl.) Insp.Manish Yadav, P.S.Vasant Kunj (N).

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 09.08.2017 The petitioner was granted furlough for three weeks by the competent authority by order dated 22.05.2017. One of the conditions of the order for release on furlough was that the petitioner had to furnish two sureties of Rs.10,000/- each along with a personal bond of the like amount. The petitioner was not in a position to arrange for two sureties and as such had applied for modification of the order as well as for a direction that he be released on furnishing his personal recognizance bond of Rs.10,000/-. The aforesaid prayer of the petitioner for modification was rejected by order dated 01.07.2017. The competent authority has taken the plea that since the death sentence of the petitioner has been reduced to life imprisonment with a stipulation that he shall remain in jail for 25 years, without being considered for remission, any modification of the order dated 22.05.2017, would become counter-productive, in as much as that the petitioner may not serve

the entire sentence and may run away.

No good reason has been shown by the petitioner for interfering with the order of the competent authority.

The writ petition is dismissed.

ASHUTOSH KUMAR, J AUGUST 09, 2017 k