High Court of DelhiW.P.(CRL)/1720/2015

Kishore Kumar v. State

2015-08-14Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1720/2015 KISHORE KUMAR ..... Petitioner Through:

Ms.Sunita Arora, Adv. for Mr.K.

Singhal, Adv.

versus STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC for the State with SI Anand Singh, PS Civil Lines

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 14.08.2015 The petitioner had applied for furlough before the competent authority which was rejected on 31.3.2015. The petitioner has approached this Court almost after four and a half months.

The DGP, who is the competent authority, rejected the furlough on his assessment of the possibility of the petitioner threatening the victim and the witnesses, his jumping the furlough and thereby impacting the law and order during the period of his release.

Mr. Sanjay Lao, Additional Standing Counsel, with reference to the nominal roll points out that the petitioner has been convicted in six cases in row. But, considering all these aspects, the petitioner was released on parole twice, on one occasion by the government and on the other by the order of this Court.

However, considering the fact that there has been a delay of four and a half months in approaching this Court for challenging the order of rejection of furlough, this Court is not inclined to allow this petition. The petitioner, if so advised, may prefer a fresh petition before the competent authority which would decide the same in time without being prejudiced by the fact that this petition has been rejected. The petition stands disposed of.

ASHUTOSH KUMAR, J AUGUST 14, 2015 ns