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High Court of DelhiW.P.(CRL)/2562/2025

Mohan v. State Of Gnct Of Delhi

2025-08-18Hon'Ble Mr. Justice Arun Monga3 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2562/2025 MOHAN .....Petitioner Through:

Mr. Siddharth Satija and Ms.Charu Sinha, Advocates versus STATE OF GNCT OF DELHI .....Respondent Through:

Mr.Amol Sinha, ASC for State with SI Jyoti PS Hari Nagar

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 18.08.2025 Crl.M.A. No. 24205/2025 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(Crl.) No. 2562/2025 1.

Petitioner herein seeks quashing of the order passed in Minutes of Sentence Review Board (SRB) Meeting dated 21.10.2021 and issuance of a writ in the nature of Mandamus directing the respondent to grant pre-mature release in criminal case arising out of FIR No. 275/2007 for the alleged offences under Sections 376, 506 of IPC, registered at Police Station Hari Nagar.

2.

Succinctly, the petitioner's case is that he was convicted by the learned ASJ, Rohini Courts, Delhi, in the said FIR vide judgment dated 06.07.2009, and sentenced on 07.07.2009 to undergo life imprisonment with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

fine of Rs. 15,000/-, and in default, one year's simple imprisonment. 2.1 The petitioner's Criminal Appeal No. 812/2009 before this Court was dismissed vide judgment dated 17.05.2010, upholding the conviction. Thereafter, the petitioner filed SLP (Crl.) Diary No. 41259/2017 before the Supreme Court, which was dismissed on 19.01.2018. 2.2 The petitioner's name was considered for premature release by the Sentence Review Board on several occasions, however, his case was rejected each time, citing the gravity and circumstances of the offence. 2.3 The petitioner has undergone about 23 years in custody, including remission. Despite this, his name has not been considered for premature release by the SRB for the past four years.

3.

Issue notice. Learned ASC for the State accepts notice. 4.

At the very outset, he submits that he has perused the petition, the advance copy of which was duly served on him, and further submits that with respect to the grievance regarding non-consideration of the petitioner's case by the SRB for over four years, the matter shall now be placed before the forthcoming Board meeting, wherein an appropriate decision shall be taken in accordance with law.

5.

In view of the aforesaid, no further proceedings before this Court are warranted. However, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

decision, as indicated above, may be taken.

7.

The petition is disposed of accordingly.

ARUN MONGA, J AUGUST 18, 2025/SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.