Allowed

Salim Hussain v. State

Delhi HC15 Jan 2019W.P.(CRL)/104/2019

Case brief

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What is this about?

This order allows the petitioner's application for exemption from counting a specific third furlough towards the current conviction year despite a late grant in the previous year. The court holds that the delayed reprieve should not preclude the petitioner from enjoying permissible furloughs in the current conviction year.

What did the court decide?

The petitioner's third furlough from December 10th to 24th, 2018, shall not be counted for the current conviction year.

Salim Hussain Vs State — Service and Employment | Delhi HC (2019)

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 104/2019 & Crl. M.A. No.741/2019

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SALIM HUSSAIN ..... Petitioner Through: Mr. Akshay Bhandari, Advocate.

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Versus

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STATE ..... Respondent Through: Mr. Rahul Mehra, Standing Counsel for State with Mr. Jamal Akhtar, Advocate and SI Vikram Singh, P.S. Greater Kailash.

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CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI

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O R D E R % 15.01.2019

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Crl. M.A. No.741/2019 (for exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed-off.

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W.P.(CRL) 104/2019

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Issue notice.

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Mr. Rahul Mehra, the learned Additional Standing Counsel accepts notice on behalf of the State.

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At joint request, the petition is taken up for disposal.

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The petitioner had applied for his third parole in the previous conviction year, however, it was granted to him just two days before the expiry of the said year. In effect, the furlough granted spilt-over to the present conviction year, which started from 13^th December, 2018.

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The learned counsel for the petitioner submits that this reprieve, had it been granted to the petitioner in the previous conviction year, would have been so enjoyed and the fact that there was a delay in the reprieve being given to him, it should not come in the way of such furloughs, as may be permissible and available to him in the current conviction year.

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The Court is persuaded by the aforesaid argument.

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In the circumstances, the petitioner’s third furlough, which started from 10^th to 24^th December, 2018, shall not be counted for the current conviction year.

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Mr. Rahul Mehra, the learned Standing Counsel for the State submits that the latest Delhi Prison Rules, 2018 have been notified, which incorporate the Furlough and Parole Guidelines and the same are in effect from 1^st January, 2019 and grant of furlough would now be covered under the said Rules.

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The petition stands disposed-off in terms of the above.

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A copy of this order be sent to the Jail Superintendent concerned, through the police and a copy be given dasti to the learned counsel for the parties under signature of the Court Master.

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NAJMI WAZIRI, J.

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JANUARY 15, 2019 sb

Salim Hussain v. State

Case brief

What is this about?

What did the court decide?

Salim Hussain v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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