AMAN KUMAR RASTOGI Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking furlough for a period of three weeks to reconnect himself with the society and to look after two minor daughters and his aged parents. Nominal roll of the petitioner is seen. Petitioner is convicted under Section 302/201/354 IPC and he has been sentenced to undergo Life Imprisonment with the rider that he shall not be considered for grant of remission till he undergoes actual sentence of 25 years and pays a fine of Rs. 1,02,000/- ID 01 year and 01 week SI. Nominal roll reflects that as on date he has undergone incarceration for about 10 years and 10 months and remission not being entitled.

(2.) On the first date this Court had kept this petition for its maintainability. Learned counsel for the petitioner has placed reliance upon a judgment of the Apex Court Maru Ram Vs. Union of India, 1981 1 SCC 107 where the Apex Court while dealing with the restriction on the powers of remission in the context of Section 433A of the Cr.P.C. had noted that the right of a convict to be considered for parole would not be affected even if his sentence is without remissions.

(3.) There is no other substantial opposition to this petition. Accordingly, the petitioner is granted furlough for a period of three weeks (to be counted from the date of his release) on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety of like amount subject to the satisfaction of the Jail Superintendent with condition that he shall surrender himself forthwith before the Jail Authorities on the expiry of the said period of three weeks.