Mehman Singh vs State of NCT of Delhi - 2023 Supreme(Del) 5439

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5439

MANMOHAN, MINI PUSHKARNA
Mehman Singh – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
Mr.Kanhaiya Singhal, Advocate with Mr.Ujwal Ghai and Mr.Anmol Chopra Prasanna, Advocates, for the Appellant.
Mr.Amit Peswani, Advocate for

JUDGMENT

Manmohan, J. (Oral) - Present appeal has been filed by a convict challenging the impugned order dated 10th May, 2022, whereby the Appellant's writ petition being W.P.(C) No. 780/2022 seeking quashing of punishment notice dated 12th October, 2021 was dismissed by a learned Single Judge of this Court. The Appellant in the said writ petition had also sought a direction to the Respondent to release him on furlough for three weeks.

2. It is pertinent to mention that vide notice dated 12th October, 2021, the Appellant had been directed to deposit Rs.10,000/- i.e. amount of personal bond executed by him at the time of his release on account of non-surrender after expiry of emergency parole on 14th February, 2021.

3. Learned counsel for the Appellant states that the learned Single Judge failed to appreciate that the Appellant had been previously granted parole four times and furlough thirteen times and he had punctually surrendered every time without misusing the liberty granted. He, however, states that due to communication gap during lockdown period, the Appellant could not surrender on time. He contends that the Appellant never intended to jump the emergency parole.

4. He also reli

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