Sudhir Sharma v. State & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2811/2017 SUDHIR SHARMA .... Petitioner Represented by:

Mr.Dhan Mohan with Ms.Tanu B.Mishra, Advocates versus STATE & ANR .... Respondents Represented by:

Mr.Rajesh Mahajan, ASC with Mr.Mohit Sharma for the State with SI Naresh Kumar Ms.Rajdipa Behura., SPP for CBI

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2017 1.

By this petition the petitioner seeks first spell of furlough in the year 2017 to establish social ties with his family and society. 2.

Learned Additional Standing Counsel for the State and learned Spl.PP for CBI opposing the petition state that the petitioner has been convicted in five cases besides the instant one in which he is seeking furlough and as per Clause 26.2 of the Parole/Furlough Guidelines : 2010, convict praying for grant of furlough should not be a habitual offender. Further, Clause 24 of the Guidelines says that a prisoner who is sentenced to five years or more of rigorous imprisonment and has undergone imprisonment for three years or more period excluding remission, can be W.P.(CRL) 2811/2017

released on furlough. Learned counsel for CBI relies on the decision reported as 2012 Crl.L.J. 2959 Dinesh Kumar Vs. Govt. of NCT of Delhi. 3.

Furlough is granted as a reward for good behaviour/conduct. Since the conduct of the petitioner is violation of the Parole/Furlough guidelines this Court finds no ground to grant furlough to the petitioner. 4.

Petition is dismissed.

MUKTA GUPTA, J.

DECEMBER 05, 2017 'rk'

W.P.(CRL) 2811/2017