Full Judgment Text
#8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 17 March, 2016
+ W.P.(CRL) 640/2016
SAMEER HUSSAIN ..... Petitioner
Through Ms. Rakhi Dubey, Advocate
versus
STATE ..... Respondent
Through Ms. Richa Kapoor, ASC (Crl.)
SI Shri Bhagwan, PS Neb Sarai
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
praying for a direction to the official respondent to release the petitioner on
first spell of furlough of three weeks in order to enable him to re-connect
social ties with the family and society.
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2. The petitioner is aggrieved by the order dated 1 February, 2016
whereby his application for grant of first spell of furlough inter alia on the
above-stated ground was rejected by the competent authority in view of para
26.1 of the Parole/Furlough Guidelines, 2010 stating that:-
W.P.(CRL) 640/2016 Page 1 of 4
“the competent authority has declined the application
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for grant of 1 spell of furlough to the convict Sameer
Hussain S/o Wakil Ahmed as the said convict has been
punished on 02.07.2014. Hence, he is not eligible as
per para 26.1 of Parole/Furlough Guidelines, 2010
which states as under:-
26.1. “Good conduct in the prison and should have
earned three annual good conduct remission and
continues to maintain good conduct.”
3. The sole reason stated by the competent authority in the order
impugned herein does not take into consideration the circumstance that
subsequent to having been punished for unsatisfactory conduct in 2014, the
petitioner was released on parole by this Court in 2015 as well as the
circumstance that the conduct of the petitioner has been satisfactory in jail
for the past one year.
4. It is pertinent to mention here that Para 26.1 of Parole/Furlough
Guidelines: 2010 are merely guidelines and cannot be applied blindly in
every case.
5. In view of the foregoing, I see no impediment in allowing the present
writ petition.
W.P.(CRL) 640/2016 Page 2 of 4
6. Consequently, the petitioner is enlarged on first spell of furlough for a
period of three weeks from the date of his release on his furnishing a
personal bond in the sum of Rs.5,000/- with one surety of the like amount to
the satisfaction of the Jail Superintendent subject to the following conditions
that:-
(i) During the period the petitioner remains out on first
spell of furlough, he shall report to the SHO, Krishna
Colony, Village Sehatpur, Distt. Faridabad, Haryana
once a week on every Wednesday.
(ii) The petitioner shall also provide the SHO of the
concerned Police Station with his mobile telephone
number which he undertakes to keep operational.
(iii) He shall not leave the jurisdiction of the concerned
Police Station in Faridabad, Haryana without the prior
permission of this Court except to surrender before
the jail authorities.
(iv) Lastly, the petitioner shall surrender before the jail
authorities at the expiry of the period of first spell of
furlough.
7. With the above directions, the writ petition is allowed and disposed of
accordingly.
W.P.(CRL) 640/2016 Page 3 of 4
8. A copy of this order be sent to the Jail Superintendent for necessary
information and compliance.
SIDDHARTH MRIDUL, J
MARCH 17, 2016
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W.P.(CRL) 640/2016 Page 4 of 4