Single judge order granting extension of furlough to a convicted person so he can deposit school fees for his minor daughter. Court fixed a two-week period from surrender date.
Furlough extended for two weeks starting 15 April 2018 upon furnishing personal bond.
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ANAND SHARMA ..... Petitioner
Represented by: Mr. K. Singhal and Mr. Nishant Bhardwaj.
versus
STATE NCT OF DELHI ..... Respondent Represented by: Ms. Kamna Vohra, ASC with SI Ajay Kumar, PS Timarpur.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 13.04.2018
By this petition, the petitioner had sought extension of furlough. The case of the petitioner is that petitioner’s family comprised of his father and minor daughter aged 14 years. Father of the petitioner passed away in December, 2017. Since there was no one to look after the minor daughter and last rites were to be performed this Court granted parole to the petitioner. Thereafter, the petitioner had taken two spells of furlough so that the daughter of the petitioner can be admitted in a boarding school.
Learned counsel for the petitioner prays that the petitioner be granted the third spell of furlough for the year, for the reason he had applied for the admission of his daughter to a boarding school in Dwarka, however, he could not deposit the fees as he could not sell the shop.
On a notice being issued a status report has been handed over which is W.P.(CRL) 1044/2018 page 1 of 2
taken on record. As per the status report the daughter of the petitioner aged 14 years has completed 7th standard and she has to appear in the test of class 8th at Shanti Gyan International School, Goyla, Near Sec-19, Dwarka, New Delhi. The registration for admission test was done on 5th April, 2018, however, the child is yet to take the test after the decision of the school management whereafter the petitioner would be required to deposit the sum of ₹3,18,000/- yearly.
Considering the fact that the amount of fee required to be deposit for the boarding school will be made available from the selling of the shop, in the interest of justice this Court deems it fit to grant third spell of furlough to the petitioner for a period of two weeks with effect from after the date of surrender i.e. 15th April, 2018.
It is therefore ordered accordingly that the furlough of the petitioner be extended for a further period of two weeks on his furnishing a personal bond in the sum of ₹10,000/- with one surety of the like amount, subject to the satisfaction of the Superintendent, Mandoli Jail as directed vide order dated 22nd December, 2017.
Petition is disposed of.
Order dasti.
MUKTA GUPTA, J.
APRIL 13, 2018 ‘yo’ W.P.(CRL) 1044/2018
page 2 of 2
2 issues framed by the court
Whether the petitioner should be granted a third spell of furlough for depositing school fees.
Whether the petitioner's personal bond can serve as a condition for granting furlough extension.
ANAND SHARMA
STATE NCT OF DELHI
MUKTA GUPTA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
