Gurmeet Singh v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2082/2015 GURMEET SINGH ..... Petitioner Through:

Ms. Sunita Arora, Adv. for Mr.Krishan Kumar, Adv.

versus STATE ..... Respondent Through:

Mr.Aashish Aggarwal, ASC with Mr.Piyush Singhal, Adv.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 11.12.2015 The petitioner has remained in jail for approximately 41⁄2 years by now.

His prayer for being released on furlough was rejected by the competent authority on 03.08.2015.

The police apprehended that the petitioner may jump the furlough in order to evade the remaining period of sentence and may harm the life of the victim and the witnesses. The fact that the petitioner is a habitual offender also weighed with the competent authority in refusing the prayer of the petitioner. Learned counsel for the petitioner, however, submits that out of several cases which were lodged against him, he has been convicted only in three cases and many cases have ended in acquittal. He further submits that two cases filed in 2002 were quashed by the High Court. It is further submitted that when the petitioner was released on parole

by the order of the High Court from 11.03.2015 to 09.04.2015, nothing adverse was reported against him. The overall conduct of the petitioner in jail has been satisfactory.

Considering the aforesaid facts, namely the continued incarceration of the petitioner in jail and his satisfactory conduct, this Court is inclined to release the petitioner on furlough for a period of two weeks from the date of his release.

Let the petitioner be released on furlough for a period of two weeks to be counted from the date of his release on his furnishing a bond in the sum of Rs.5000/- with one surety of the like amount to the satisfaction of the Superintendent of the concerned jail, subject to the following conditions:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of furlough. b) The petitioner shall not engage himself in any unlawful activity. c) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station.

d) He shall furnish his mobile telephone number and the mobile telephone number of the surety to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his furlough and for taking of the coercive steps for securing his attendance. With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the

concerned Jail for information and compliance. ASHUTOSH KUMAR, J DECEMBER 11, 2015 ns