Ishwar Lal v. State NCT Of Delhi

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2219/2024 ISHWAR LAL .....Petitioner Through:

Mr. Shanu Baghel, Mr. Sudhir Kumar, Mr. Ganpat Ram, Mr. Vivek Kumar, Mr. Yash Chaudhary, Advocates.

versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sanjeev Bhandari, ASC with Ms.

Charu Sharma, Mr. Arjit Sharma, Mr.

Vaibhav Vats, Mr. Nikunj Bindal, Advocates with SI Rakkishan, PS:

ANTF, Crime Branch, Delhi.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 14.11.2024 1.

This petition is filed seeking directions to the respondent, to release the petitioner after commuting the default sentence to the period already undergone in FIR No. 23/2014 under Section 21 NDPS, PS Crime Branch. 2.

The petitioner was convicted by judgment dated 17th September 2016 and by order on sentence dated 19th September 2016, whereby he was sentenced to RI for 10 years with fine of Rs.1 lakh and in default of payment of fine, to further undergo RI for 1 year.

3.

Criminal appeal filed by the petitioner against his conviction was dismissed by the Court on 4th November 2020. Petitioner has completed the sentence of 10 years with satisfactory conduct and copy of custody certificate is on record. Since the petitioner belongs to a poor background, he could not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pay the fine and is therefore, serving the default term of one year RI, of which 4 months have already lapsed.

4.

By this petition, he seeks directions that his default sentence be commuted to the period already undergone.

5.

Prior writ petition being No. W.P.(CRL) 1147/2024 was moved for release and modification of the default sentence, which was withdrawn by petitioner on 10th April 2024.

6.

Counsel for petitioner relies upon decision of the Bombay High Court in WP (Crl.) 114812024 dated 27th June 2024 to contend that in special circumstances High Courts can commute the default sentence as well. Petitioner additionally relied upon the para 31 of Shantilal v State of M.P. (2007) 11 SCC 243.

7.

ASC for State points out that the said judgment by Supreme Court was passed in an appeal therein against the judgment of the High Court of Madhya Pradesh confirming an order of conviction of sentence recorded by the ASJ. The same relief cannot be awarded in a writ petition. 8.

ASC for State has submitted that not only that this Court dismissed the appeal of the petitioner on 04th November, 2020 but also a subsequent W.P.(CRL) 1147/2024 was withdrawn by petitioner, which had sought directions for release of petitioner, after modification of default sentence of 1 year. In this regard, he points out that this Court has observed the following in the said order dated 10th April, 2024, extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

This writ petition again seeks similar relief for release of the petitioner after commuting the default sentence.

10.

Considering these above facts and circumstances, the Court is of the view that said petition is not maintainable and nature of relief being sought by the petitioner cannot be granted in this writ petition, considering that the appeal against the sentence was already dismissed by the Court. 11.

Accordingly, petition is dismissed in the above terms. 12.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 14, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.