Lal Mohd. Vs State of NCT of Delhi — Delhi HC (2025) — LawSathi Research

Lal Mohd. Vs State of NCT of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on furlough for four weeks from the date of release on a personal bond of Rs. 20,000/- with one surety of like amount, subject to conditions: weekly reporting to SHO, PS Keshav Puram (every Saturday at 4:00 p.m.); working mobile number provided to the SHO; no travel outside the NCT of Delhi without prior permission of the Court; no criminal activity and no contact with the Complainant/victim or their family; surrender before the Jail Authorities on expiry of furlough.

Issue for consideration

Whether the petitioner, undergoing a sentence in custody, should be granted parole (prayed for three months) to file an SLP before the Supreme Court against the judgment dated 05.09.2024 in Crl. Appeal No. 78/2024 and to re-connect social ties with family and society.

Court's answer

With the petitioner's address verified and almost half the sentence undergone, the Court found no impediment and enlarged the petitioner on furlough for four weeks from the date of release, subject to a personal bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the Jail Superintendent.

Ratio / Principle

Condition of release: while out on furlough, the petitioner shall report to the SHO, PS Keshav Puram, every Saturday at 4:00 p.m.

Key takeaways

Condition of release: the petitioner shall provide the SHO, PS Keshav Puram, with a mobile number kept in working condition at all times.ratio¶¶23
Condition of release: the petitioner shall not leave the National Capital Territory of Delhi during the period of furlough without the prior permission of the Court.ratio¶¶24
Condition of release: the petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the Complainant/victim or any member of the Complainant/victim's family.

Detailed headnote1 paragraphs

Writ petition (criminal) by Lal Mohd., undergoing a sentence, seeking three months' parole to file an SLP before the Supreme Court against the judgment dated 05.09.2024 in Crl. Appeal No. 78/2024 and to re-connect social ties with family and society. The State filed a Status Report verifying the petitioner's address, and the nominal roll showed almost half the sentence had been undergone. Finding no impediment, the Delhi High Court (Harish Vaidyanathan Shankar, J., order dt. 20.01.2025) enlarged the petitioner on furlough for four weeks from the date of release on a personal bond of Rs. 20,000/- with one surety of like amount, subject to conditions: reporting to the SHO, PS Keshav Puram every Saturday at 4:00 p.m.; providing a working mobile number to the SHO; not leaving the NCT of Delhi without prior permission of the Court; abstaining from criminal activity and from any contact with the Complainant/victim or their family; and surrendering before the Jail Authorities on expiry of the furlough. Petition disposed of.

$~16

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 4051/2024

LAL MOHD. .....Petitioner

Through: Mr. Harshit Jain, Adv. (DHCLSC) with Mr. Shubham Singh and Mr. Rahul Kumar, Advs.

versus

STATE OF NCT OF DELHI .....Respondent

Through: Mr. Yasir Rauf Ansari, ASC for State.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 20.01.2025

The present petition is filed with the following reliefs:

“Issue writ of Mandamus or any further appropriate writ and grant parole to the Petitioner for a period of three (3) months to file an SLP before the Hon’ble Supreme court of India against the judgment dated 05.09.2024 in Crl. Appeal No. 78/2024 to re-connect social ties with family as well as society.”

The State has filed the Status Report and also the nominal roll as directed.

By the said Status Report, the address of the Petitioner stands verified.

The nominal roll also indicates that almost half of the sentence has been undergone by the Petitioner.

In view of the above, this Court seems to have no impediment in granting furlough to the petitioner. The petitioner is enlarged on furlough for a period of four weeks from the date of release, subject to furnishing a personal bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of

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 27/01/2025 at 12:12:21

the Jail Superintendent, subject to the following conditions:

i. During the period of petitioner remains out on furlough, the petitioner shall report to the SHO, PS Keshav Puram, every Saturday at 4:00 p.m., and will not be kept waiting for more than an hour.

ii. The petitioner shall also provide the SHO, PS Keshav Puram, with mobile number, which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned.

iii. The petitioner shall not leave the National Capital Territory of Delhi during the period of furlough, without the prior permission of the Court.

iv. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the Complainant/victim or any member of Complainant/victim‟s family.

v. The petitioner is directed to surrender before the Jail Authorities at the expiry of the period of furlough.

Accordingly, the petition is disposed of.

Copy of the Order be sent to the Jail Superintendent for information and necessary compliance.

HARISH VAIDYANATHAN SHANKAR, J JANUARY 20, 2025/ akc

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 27/01/2025 at 12:12:21