The Delhi High Court in the case Manmohan Singh @ Monu vs. State (NCT of Delhi) observed and has deprecated the practice of filing of the writ plea for the grant of parole instead of approaching the competent authorities for seeking the relief.
The bench headed by Justice Dinesh Kumar Sharma in the case was hearing the plea moved by one Manmohan Singh alias Monu wherein seeking the second spell of furlough for the period of two weeks or grant of parole for 30 days in the case of gang rape which is being registered against him in the year 2008.
In the present case, the FIR was being registered at Tilak Nagar police station for the offences as stated under section 376(2)(g), the punishment of gang rape and section 328, causing hurt by means of poison, etc., with intent to commit an offence and Section 34, the common intention of the Indian Penal Code, 1860.
It being the case of Singh’s that furlough was granted to him on June 23, 2023 and he was being required to surrender on August 01, 2023.
It has been contended by him before the court that he needed to undergo surgery which was scheduled on August 05 at Deen Dayal Upadhyay, Hospital.
However, the prosecution in the case took the stand that the practice of filing a writ petition for grant of furlough is increasing and that Singh, thus, instead of approaching the competent authorities in time, filed the petition in the nick of time.
The court in the case observed that the said court deprecates the practise of filing the writ petition for grant of parole instead of moving to the competent authorities.
The bench of Justice Sharma in the case observed that there was no substance in the petition.
Further, the court directed the Jail Superintendent to ensure that Singh is been taken to the hospital and the surgery is conducted as per the medical advice.
Accordingly, the court disposed of the plea.
