Mohd. Haider v. State

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3078/2018 MOHD. HAIDER ..... Petitioner Through:

Mr. Deepak Anand, Advocate.

(DHCLSC)

Versus

STATE ..... Respondent Through:

Ms. Kamna Vohra, ASC for State alongwith Ms.

Sarabjeet Kaur, Advocate with SI Shailendra Kumar Singh, PS-Gokal Puri.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 08.10.2018 The petitioner seeks furlough on account of his satisfactory conduct in jail. He has been sentenced to undergo rigorous imprisonment of 10 years, of which he has undergone 04 years and 08 months and earned remission of 01 year 05 months and 15 days as of 26.09.2018, in effect, only 10 months remain to be served. His conduct in jail earlier was satisfactory i.e. during his under trial period.

The petitioner relies upon the Clause- 24, 25 and 26 of Furlough/Parole Guidelines, 2010, which lay down that for the grant or consideration of furlough, a minimum period of 3 years imprisonment, excluding the remission period, is required to be considered. The petitioner has been incarcerated for 04 years 08 months. Accordingly, he would be eligible for consideration for grant of furlough. If the only remaining period is to be considered for eligibility for furlough, the

petitioner would never be granted the same.

Ms. Kamna Vohra, the learned Additional Standing Counsel for State, submits upon instructions that the petitioner has earned three Annual Good Conduct Remissions, therefore, he would be eligible for consideration for grant of furlough.

Since the petitioner's conduct during the period of incarceration is satisfactory, there is no impediment in allowing the present petition. Consequently, the petitioner is granted furlough for four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned subject to the following conditions:- (1) The petitioner shall report to the SHO, concerned Police Station Gokal Puri, Delhi, once a week on every Tuesday during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times (3) He shall not leave the territory of NCT of Delhi. (4) The petitioner shall surrender before the jail authorities at the expiry of the period of furlough.

With the above directions the Writ Petition is disposed-off. A copy of this order be supplied to the Jail Superintendent concerned through the State.

NAJMI WAZIRI, J.

OCTOBER 08, 2018 RW