W.P.(CRL)/207/2020 of AJAY SINGH CHAUTALA Vs THE STATE (NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 207/2020

AJAY SINGH CHAUTALA

..... Petitioner

ThroughMr. Dhruv Sheoran, Mr. ArchitUpadhayay, Ms. Harshika Verma,Mr. Akshay Chadha, Advs.Upadhayay, Ms. Harshika Verma,Mr. Akshay Chadha, Advs.

versus

THE STATE (NCT OF DELHI)

..... RespondentThroughMr. Rahul Mehra, Standing Counsel(Crl.) with SI Bharat Lal, PS TilakMarg.(Crl.) with SI Bharat Lal, PS TilakMarg.

CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRU

O R R%23.01.2020

CRL.M.A. 1520/2020

1.Allowed, subject to all just exceptions.

2.The application is disposed of.

WP(Crl.) No.207/2020

3.The petitioner has filed the present petition, inter alia, praying forfurlough for period of three weeks from the date of his release.

4.Mr. Mehra, the learned Standing Counsel appearing for the Statesubmits that the petitioner has not even applied for furlough and has directlyapproached this Court.He has handed over copy of the nominal roll,which indicates that the petitioner’s conduct in jail has been unsatisfactory.

He further submits that despite unsatisfactory conduct of the petitioner, hehas been granted furlough on three occasions in the year 2019.

5.Although no averments in the petition have been made, the learnedcounsel appearing for the petitioner submits that the petitioner has beenunable to apply for furlough, as his application is not being accepted.

6.Since the petitioner has not applied for furlough to the competentauthority, this Court does not consider it apposite to entertain this petition.The same is, accordingly, dismissed.

7.However, it is directed that if an application is filed by the petitioner,the same would be accepted by the competent authority and dealt with inaccordance with law.

8.Mr Mehra submits that even though the petitioner was not entitled toany furlough as per the Delhi Prison Rules, 2018 he has been released onfurlough on various occasions. He submits that directions ought to be givenfor conducting an enquiry.In view of the above submission, theD.G.(Prison) is directed to enquire as to the manner furlough has beengranted to the petitioner in the past and to ascertain whether the same hasbeen granted contrary to the Rules in force. And, if so found, the respondentis directed to take such action as warranted.

JANUARY 23, 2020DR

VIBHU BAKHRU, J