Delhi High Court - OrdersSubhash Chander & Ors vs State (Govt. Of Nct Of Delhi) on 20 October, 2023Author:Amit BansalBench:Amit Bansal$~50\n                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI\n                                    +           W.P.(CRL) 3131/2023 & CRL.M.A. 29053/2023 (stay)\n\n                                                SUBHASH CHANDER & ORS.                    ..... Petitioners\n                                                            Through: Mr.Rishi Malhotra, Advocate.\n\n                                                                                      versus\n\n                                                STATE (GOVT. OF NCT OF DELHI)               ..... Respondent\n                                                              Through: Ms.Nandita Rao, ASC (Crl.) with\n                                                                        Mr.Jasraj Singh Chhabra, Mr.Amit\n                                                                        Peswani and Ms.Anuka Bachawat,\n                                                                        Advocates.\n                                                                        SI Ajay Kumar, PS Jama Masjid.\n                                                CORAM:\n                                                HON'BLE MR. JUSTICE AMIT BANSAL\n                                                                                      ORDER%                                                 20.10.2023\n                                    CRL.M.A. 29052/2023 (Exemption)1.          Allowed, subject to all just exceptions.2.          The application is disposed of.CRL.M.A. 29054/2023 (Exemption from lengthy list of dates)3.          For the reasons stated, the application is allowed.4.          The application is disposed of.W.P.(CRL) 3131/20235.          The present petition has been filed on behalf of 12 petitioners who\n                                    have been convicted for various offences and have undergone substantial\n                                    time in custody, details of which are reproduced below:-i)          Petitioner No.1/Subhash Chander has already undergone total\n                                                          sentence of 18 years as on date in FIR No.175/2001 underW.P.(CRL) 3131/2023                                                                    Page 1 of 4This is a digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.\nThe Order is downloaded from the DHC Server on 21/10/2023 at 00:47:04Sections 307/343/120-Bof the Indian Penal Code, 1860 (IPC)\n                                                          andSections 25/27Arms Act, 1959(Arms Act) registered at\n                                                          Police Station (PS) New Ashok Nagar, Delhi;ii)         Petitioner No.2/Mohd. Anwar has already undergone total\n                                                          sentence of 34 years as on date in FIR No.279/1992 underSection 302/307/34of the IPC andSections 25/27/54/59of the\n                                                          Arms Act andSection 5of the TADA (P) Act, 1987 registered at\n                                                          PS Sadar Bazar, Delhi;iii)        Petitioner No.3/Chander Prakash has already undergone total\n                                                          sentence of 20 years as on date in FIR No.859/2004 underSection 302/201/34of the IPC andSection 25/54/59of the Arms\n                                                          Act registered at P.S. Sangam Vihar, Delhi;iv)         Petitioner No.4/Jamir Ahmed @ Jamiruddin has already\n                                                          undergone total sentence of 18 years as on date in FIR\n                                                          No.216/1994 underSections 302/452/323of the IPC registered\n                                                          at PS Jama Masjid, Delhi;v)          Petitioner No.5/Shamsher Singh has already undergone total\n                                                          sentence of 18 years as on date in FIR No.454/2008 underSection 376of the IPC registered at PS Narela, Delhi;vi)         Petitioner No.6/Vijay Pal has already undergone total sentence of\n                                                          24 years as on date in FIR No.119/2004 underSections\n                                                          302/392/394/34of the IPC registered at PS Rohini, Delhi;vii)        Petitioner No.7/Raju has already undergone total sentence of 19\n                                                          years as on date in FIR No.1196/2007 underSections\n                                                          302/307/452/34of the IPC registered at PS Sultan Puri, Delhi;viii) Petitioner No.8/Jagbandhu Dass @ Tinku @ Tukku has alreadyW.P.(CRL) 3131/2023                                                                    Page 2 of 4This is a digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.\nThe Order is downloaded from the DHC Server on 21/10/2023 at 00:47:04\n                                                           undergone actual sentence of 20 years as on date in FIR\n                                                          No.111/2006 underSections 302/394/34of the IPC registered at\n                                                          PS Sri Niwas Puri, Delhi.ix)         Petitioner No.9/Mohd. Salauddin has already undergone total\n                                                          sentence of 17 years as on date in FIR No.66/2009 underSections 376/506of the IPC registered at PS Shahdara, Delhi;x)          Petitioner. No.10/Kulwant Singh @ Bittu has already undergone\n                                                          total sentence of 28 years as on date in FIR No.277/1992 underSection 302of the IPC registered at PS Tilak Nagar, Delhi;xi)         Petitioner No.11/Ombir Singh has already undergone total\n                                                          sentence of 28 years as on date in FIR No.928/2003 under\n                                                          Sections 324/325/342/376(2)F of theIPCregistered at PS Uttam\n                                                          Nagar, Delhi;xii)        Petitioner No.12/Manish has to surrender on or before 27th\n                                                          October, 2023 and has already undergone total sentence of 20\n                                                          years as on date in FIR No.50/2008 underSections\n                                                          302/364/392/394/201/34of the IPC andSection 25of the Arms\n                                                          Act registered at PS Palam Airport, New Delhi6.          The following prayers are made in the present petition: -"A. Issue a Writ, Order or direction in the nature of\n                                              Mandamus to          the Respondents to consider the case of the\n                                              Petitioners for pre-mature release under the policy dated\n                                              16.7.04;B.     Issue a Writ, Order or direction in the nature of\n                                              Mandamus to           the State Government and direct the release\n                                              ·of the petitioners under the policy of premature release dated\n                                              16.7.04 forthwith;"W.P.(CRL) 3131/2023                                                                    Page 3 of 4This is a digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.\nThe Order is downloaded from the DHC Server on 21/10/2023 at 00:47:057.          At this stage, the counsel for the petitioners only presses prayer (A)\n                                    above. He submits that none of the petitioners have been considered for\n                                    premature release by the respondent/State as per its policy dated 16th July,\n                                    2004. Further, he has drawn attention of the Court to the order dated 17th\n                                    October, 2023 passed by the Supreme Court, whereby while dismissing the\n                                    petition underArticle 32of the Constitution of India, liberty has been given\n                                    to the petitioners to approach this Court and the furloughs granted to the\n                                    petitioners have been extended for a period of four weeks.8.          Issue notice.9.          Notice is accepted by the learned ASC appearing on behalf of the\n                                    State.10.         Let a Status Report be filed with details on each of the 12 petitioners.11.         The furlough granted to the petitioners by the Supreme Court stands\n                                    extended till the next date of hearing.12.         List on 6th December, 2023.AMIT BANSAL, J.OCTOBER 20, 2023\n                                    rtW.P.(CRL) 3131/2023                                                                       Page 4 of 4This is a digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.\nThe Order is downloaded from the DHC Server on 21/10/2023 at 00:47:05