Onkar@ Mody v. State (NCT Of Delhi)

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2523/2025 ONKAR@ MODY .....Petitioner Through:

Mr.Siddarth Yadav and Mr. Anmol Kumar Pandey, Advocates versus STATE (NCT OF DELHI) .....Respondent Through:

Mr. Amol Sinha, ASC for State with Inspector Birender Singh PS Anand Vihar

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 13.08.2025 1.

Petitioner herein seeks issuance of a writ in the nature of Mandamus directing the respondent and/or the Sentence Review Board (SRB) to consider the petitioner's case and grant premature release in criminal case arising out of FIR No. 423/2009 for the alleged offences under Sections 201, 302 of IPC, registered at Police Station Anand Vihar. 2.

Succinctly, the petitioner's case is that he is an inmate of Central Jail No.2, Tihar, New Delhi, undergoing life imprisonment awardedvide judgment and order on sentence dated 28.05.2011 passed by the learned Trial Court in the said FIR, and is presently on furlough, having already undergone more than fifteen years of incarceration. 2.1 The petitioner's appeal, Crl.A. No. 1165/2014, was dismissed by this Court on 01.10.2014. Belonging to the poorest segment of society, he has since endured a long and continuous imprisonment, which has left his family in a dilapidated state. As a senior citizen, he now needs to provide for himself and his wife in their old age.

2.2 During his custody, the petitioner has consistently maintained good The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 13:15:16

conduct, rendered services as a sewadar to the jail authorities, and no adverse record has ever been noted against him, even during periods when liberty was granted on several occasions.

3.

Mr.Amol Sinha, learned ASC for the State appears on advance service and submits at the outset that the petitioner's case shall be considered in accordance with law in the forthcoming meeting of the SRB. He further submits that if the petitioner meets the prescribed parameters, an appropriate order shall be passed.

4.

In view of the aforesaid candid statement, the instant petition is disposed of with a direction that all appropriate steps shall be taken by the competent authority of the State to consider the case of the petitioner in the forthcoming meeting Sentence Review Board and take a decision either way, in accordance with law.

5.

In the parting, I may hasten to add that it is expected of the competent authority to pass a speaking order, in the event it is not inclined to accept the petitioner's request, so as to enable him to pursue such remedies as may be available to him in accordance with law.

6.

Furthermore, it is expected that the Jail Superintendent shall take appropriate steps to ensure that the petitioner's case is placed expeditiously before the forthcoming meeting of the Sentence Review Board, so that a decision, as indicated above, may be taken.

7.

Let the copy of this order be sent to the Jail Superintendent concerned for information and compliance.

8.

The petition is disposed of accordingly.

ARUN MONGA, J AUGUST 13, 2025/SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 13:15:16