Furkhan @ Javed v. State

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3308/2018 FURKHAN @ JAVED ..... Petitioner Represented by:

Mr. Vineet Kumar and Mr, Dhruv Gupta, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC with Insp.

Sanjeev, PS Darya Ganj.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.10.2018 Notice.

Learned ASC for the State accepts notice.

By this petition, the petitioner seeks furlough for a period of three weeks to maintain social ties and also challenges the order dated 18th September, 2018 whereby the application seeking first spell of furlough was declined on the ground that the petitioner has not been maintaining good conduct.

A perusal of the nominal roll of the petitioner reveals that the petitioner was arrested in FIR No.

108/1996 under Sections 302/307/394/397/120B IPC registered at PS Darya Ganj on 3rd April, 1996. During the course of trial on 13th March, 1997 the petitioner escaped from W.P.(CRL) 3308/2018

police custody and could be re-arrested on 12th November, 1999. After the petitioner was convicted and his appeal was dismissed by this Court on 25th August, 2006, this Court granted one month parole to the petitioner w.e.f. 24th September, 2009 after expiry of which the petitioner did not surrender and was re-arrested only on 21st September, 2010. In the meanwhile the petitioner was involved in three cases of PS Lahori Gate, Meerut under Sections 382 IPC, 394/411 IPC and 379 IPC being FIR Nos. 27/2010, 71/2010 and 1551/2010 respectively.

The conduct of the petitioner in Jail is also not satisfactory and in the year 2017 itself he was awarded two punishment one for using mobile phone and the other for recovery of Tobacco.

Considering the past conduct of the petitioner, this Court finds no ground to grant furlough to the petitioner.

Petition is dismissed.

Copy of this order be communicated to the petitioner through Superintendent, Tihar Jail.

MUKTA GUPTA, J.

OCTOBER 29, 2018 'yo'

W.P.(CRL) 3308/2018