Vijay Jain v. Lt.Governor Of Delhi & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2780/2016 VIJAY JAIN ..... Petitioner Through:

Mr. Ajay Garg, Ms. Neha Garg & Mr.Mayank Dias, Advocates.

versus LT.GOVERNOR OF DELHI & ANR.

..... Respondents Through:

Ms.

Richa Kapoor, ASC and Mr.Ashish Negi, Advocate along with SI Avdhesh Kumar, PS-Farsh Bazar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 22.09.2016 Issue notice. Ms. Richa Kapoor, learned ASC accepts notice. The petitioner has preferred the present writ petition to seek a direction to respondents No.1 & 2 to decide the mercy petition dated 19.08.2015 preferred by the petitioner.

The submission of learned counsel for the petitioner is that the petitioner stands convicted in case FIR No.183/1985 under Section 147/ 148/ 324 read with Section 149 IPC. The conviction of the petitioner was converted from Section 302 IPC to Section 304-II IPC and the sentence was

reduced from life imprisonment to 5 years Rigorous Imprisonment with fine. The petitioner was taken into custody on 07.01.2015 to serve the remaining sentence. The submission of learned counsel for the petitioner is that the mercy petition of the petitioner has not been actioned till date and the same may become infructuous unless the same is actioned fast and the whole purpose of the same would get defeated since the remaining period of sentence is only one year.

The petitioner is entitled to a prompt decision on his mercy petition seeking pardon/ remission. His mercy petition has been pending for a near now.

Accordingly, the present petition is disposed of with a direction to the concerned authorities to decide the petitioner's plea for pardon/ remission at the earliest and preferably within the next two months. Dasti.

VIPIN SANGHI, J SEPTEMBER 22, 2016 B.S. Rohella