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Balbir Singh Vs. State of Nct of Delhi - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtDelhi High Court
Decided On
Case NumberW.P(Crl.) No. 1327/2010
Judge
ActsCode Of Criminal Procedure (CRPC) - Section 482
AppellantBalbir Singh
RespondentState of Nct of Delhi
Appellant AdvocateMr. Vivek Sood, Adv.
Respondent AdvocateMr. Sanjeev Bhandari, Adv.

Excerpt

.....where an application is for any relief mentioned in sub-clause (i) of sub-section (1), the high court may,-- section 2(a) of the 1997 act defines section 2(b) defines "company" to mean the industrial development bank of india ltd to be formed and registered under the companies act. section 2(c) defines "reconstruction bank" to mean the industrial reconstruction bank of india established under sub-section (1) of section 3 of the 1984 act. section 3 of the 1997 act provides that on the appointed date (march 27, 1997) the undertakings of the reconstruction bank shall be transferred to and vest in the company. "13. repeal and saving of act 62 of 1984-(1) on the appointed day, the industrial reconstruction bank of india act, 1984 shall stand repealed. notwithstanding the repeal of the industrial reconstruction bank of india act, 1984- the high court in the impugned judgment referred to section 13 of the 1997 act, but failed to notice the true import of sub-section 2(b) of section 13. 12. on the basis of the provisions contained in section 4 (4) and section.....or not?3. whether judgment should be reported in digest? 1. this petition under section 482 cr.p.c has been preferred by the petitioner against an order dated 12th august, 2010 passed by competent authority declining an application of the petitioner for grant of furlough on the basis of adverse police report. the police report showed that the petitioner was a resident of trilok vihar, where his mother was residing. the mother of the petitioner had already entered into an agreement to sell the residence and she could leave the place any time. there was every possibility that if the petitioner was released, he may escape the clutches of law and may not report back to undergo imprisonment. it was also reported that the mohalla where his mother used to live was under terror of the petitioner and many people were not willing to talk due to fear of the petitioner. the people living in that mohalla ultimately told the asi that it would be danger to the peace of the area if the petitioner was allowed to live there. 2. the petitioner was granted parole only about two months before making application for furlough. the petitioner's request for parole and furlough at such short interval is.....

Judgment

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

1. This petition under Section 482 Cr.P.C has been preferred by the petitioner against an order dated 12th August, 2010 passed by competent authority declining an application of the petitioner for grant of furlough on the basis of adverse police report. The police report showed that the petitioner was a resident of Trilok Vihar, where his mother was residing. The mother of the petitioner had already entered into an agreement to sell the residence and she could leave the place any time. There was every possibility that if the petitioner was released, he may escape the clutches of law and may not report back to undergo imprisonment. It was also reported that the Mohalla where his mother used to live was under terror of the petitioner and many people were not willing to talk due to fear of the petitioner. The people living in that Mohalla ultimately told the ASI that it would be danger to the peace of the area if the petitioner was allowed to live there.

2. The petitioner was granted parole only about two months before making application for furlough. The petitioner's request for parole and Furlough at such short interval is not understood. Parole and furlough are granted to maintain contact with the family but they are not to be granted so frequently that a criminal, who is undergoing sentence for serious offence like murder becomes danger to the society. I, therefore, consider that the competent authority rightly dismissed the application of the petitioner. The petition is hereby dismissed.


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