Bal Kishan v. State
Case brief
What is this about?
In a writ petition, the petitioner sought immediate furlough despite co-convict being on furlough. The court held no exigency required immediate release, allowing the petitioner to sue out a bond after co-convict surrenders.
What did the court decide?
Petitioner at liberty to avail furlough by filing personal bond and surety bond after co-convict surrenders.
What the court decided
2# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 1341/2018 BAL KISHAN ..... Petitioner Represented by: Mr. Dhruv Gupta and Mr.Puneet Garg, Advocates. versus STATE ..... Respondent Represented by: Mr.R.S. Kundu, Additional Standing Counsel for State with SI Omveer Singh, PS Nand Nagri. CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 11.05.2018
- The limited prayer of the petitioner in the present petition is that despite having granted furlough vide order dated 26th February, 2018, the petitioner has not been able to avail the same for the reason the co-convict is out on furlough.
- Learned counsel for the petitioner refers to the parole/furlough guidelines wherein though in cases of grant of furlough it is specifically mentioned in Clause-13, “If there are more than one convicts in a case who are lodged in the same prison, the co-accused convicts would not be released simultaneously except upon special circumstances to be mentioned in the order granting parole”, however, the same is not mentioned in furlough guidelines.
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W.P.(CRL) 1341/2018
- Learned counsel for the petitioner contends that though the above noted condition is applicable to the cases of parole it has no application for furlough as is evident from the furlough guidelines.
Issues for consideration
2 issues framed by the court
Whether the petitioner can avail furlough when co-convict is on furlough under furlough guidelines.
Whether co-convicts can be released simultaneously on furlough.
Parties & counsel
- petitioner
Bal Kishan
- respondent
State
Coram
Mukta Gupta
Case details
As recorded by the court registry
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