High Court of DelhiW.P.(CRL)/1407/2017

Jahangir @ Ekka @ Ibrahim v. State

2017-05-11Hon'Ble Mr. Justice R.K.Gauba2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1407/2017 JAHANGIR @ EKKA @ IBRAHIM ..... Petitioner Through:

Mr. M.L. Yadav, Adv.

versus STATE ..... Respondent Through:

Mr. Avi Singh, ASC with Ms. Anya Singh, Adv. for the State & SI Sandeep Kumar, PS Ashok Vihar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.05.2017 The learned additional standing counsel points out from the nominal roll that the petitioner was facing trial in FIR No. 254/2003 under Sections 302/34 IPC and Section 25 Arms Act of police station Seema Puri when he came to be involved in three other cases including one arising out of FIR No. 30/2011 under Sections 380/457 IPC, police station Nabi Karim, FIR No. 41/2011 under Sections 395/397 police station Ashok Vihar and FIR No. 76/2011 under Sections 399/402 IPC read with Section 25 Arms Act and under Section 14 of Foreigners Act, PS Anand Vihar, he being a native of Bangladesh. In all these cases he stands held guilty and convicted. His appeal against conviction in the case of murder it being Crl.A. 217/2006 was dismissed by this Court on 20.7.2009, though by order dated 9.8.2016 in writ petition (Crl.) 1400/2016, imprisonment for life in cases arising out FIR Nos. 254/2003 and 41/2011 has been ordered to run concurrently. The fact remains that the second offence was committed by him, besides other W.P.(CRL) 1407/2017

offences, during the period he was on bail. The nominal roll also discloses that the petitioner had not surrendered in jail after the dismissal of the appeal in the murder case and was brought to custody more than one year eight months after the dismissal of the appeal, upon being arrested, in case FIR No. 556/2010 of police station Anand Vihar. Against the above backdrop, the State has rejected his request for release on parole by communication dated 10.4.2017. The rejection being for sound reasons, this petition ought not result in any relief being granted. The petition is dismissed accordingly.

R.K.GAUBA, J MAY 11, 2017 nk W.P.(CRL) 1407/2017