Allowed

Ram Dhawan @ Ram Dev v. State of NCT Delhi

Delhi HC4 Mar 2024W.P.(CRL)/603/2024

Case brief

AI extract

What is this about?

High Court allowed a petition for furlough under Delhi Prison Rules, holding that the seriousness of the offence is not a ground for rejection. Furlough was granted for three weeks subject to conditions including not leaving Delhi and maintaining contact with the IO.

What did the court decide?

Furlough granted for three weeks subject to furnishing a Personal Bond of Rs. 5,000 and conditions regarding movement and conduct.

Ram Dhawan @ Ram Dev Vs State of NCT Delhi — Pension and Retirement Benefits | Delhi HC (2024)

¶1

$~50

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 603/2024

¶4

RAM DHAWAN @ RAM DEV ..... Petitioner Through: Mr. Neeraj Kumar, Adv. (DHCLSC).

¶5

versus STATE OF NCT DELHI ..... Respondent Through: Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus and Mr. Arjun Singh Kadian, Advs. with SI Yamini Vats, PS. Patel Nagar.

¶6

CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 04.03.2024

¶7

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 CrPC seeking direction to the respondent to release the petitioner on furlough for a period of three weeks in connection with FIR No.543/2005 under Sections 376/506 IPC registered at Police Station Patel Nagar.

¶8

The learned counsel for the petitioner invites the attention of the Court to the impugned order dated 15.01.2024 to contend that the application of the petitioner for grant of furlough has been rejected on the ground that the nature of crime committed by him is serious, as well as, his residential address could not be verified due to non-availability of police report.

¶9

Notice was issued in the present matter on 21.02.2024 with a direction

¶10

This is a digitally signed order.

¶11

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:33:16

¶12

to the State to file its Status Report. The Status Report has been filed by the State, the same is on record.

¶13

In so far as the seriousness of the offence is concerned, the same is not in doubt but at the same time it cannot be overlooked the petitioner has been in custody for more than 18 years and is aged about 63 years. A prisoner is entitled to grant of furlough in terms of Rule 1220 of the Delhi Prison Rules, 2018 and he could be denied the grant of furlough only for the reasons mentioned in Rule 1224 of the said Rules. The seriousness of the offence is not a ground for rejecting the grant of furlough.

¶14

In regard to the address of the petitioner, it is mentioned in the Status Report that the I.O visited the house of the petitioner and met the wife, his son, as well as, daughter-in-law of the petitioner and verified that the address given by the petitioner is permanent address. The statement of the family members of the petitioners have been recorded by the I.O and the same are part of the Status Report.

¶15

In view of the above, the petition is allowed and the respondent is directed to grant furlough to the petitioner for a period of three weeks, subject to his furnishing a Personal Bond in the sum of Rs. 5,000/- to the satisfaction of the Jail Superintendent, further subject to the following conditions:-

¶16

a) Petitioner shall not leave Delhi without prior permission of the Court.

¶17

b) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

¶18

c) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change

¶19

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:33:16

¶20

the mobile number without prior intimation to the Investigating Officer concerned.

¶21

d) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.

¶22

The petition stands disposed of.

¶23

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

¶24

It is made clear that acceptance of bail bond of the petitioner will not be delayed unnecessarily.

¶25

Order dasti under signatures of the Court Master.

¶26

Order be uploaded on the website of this Court.

¶27

VIKAS MAHAJAN, J

¶28

MARCH 4, 2024/dss

¶29

This is a digitally signed order.

¶30

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:33:16

Ram Dhawan @ Ram Dev v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Ram Dhawan @ Ram Dev v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suraj Kumar Vs the State Govt, of NCT Delhi & Ors.

Shahanshah Miyan Vs State ( Govt NCT of Delhi) and Ors.

Vikas Yadav Vs the State Govt of NCT of Delhi & Ors.

Charanjit Singh Bindra Vs Foreigner Regional Registration Officer (Frro)

Raja Ram Vs Delhi Police

Rohit & Anr. Vs State

Mr. Vijay Vs State of NCT of Delhi & Anr.

Mohd. Aarzoo Vs State Government of NCT of Delhi & Anr.

Anil Kumar Vs State of NCT of Delhi and Anr.

Aftab Khan and Anr. Vs State and Ors.

Deepak Malhotra and Others Vs the State of NCT of Delhi and Anr.

Mohit Jain Vs Value Line Interiors Pvt. Ltd.

Mohd Athar &Anr Vs State through S H O & Anr.

Pankaj Meena Vs State NCT of Delhi and Anr.