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High Court of DelhiW.P.(CRL)/2258/2017

Rajinder Rana v. State

2017-12-11Hon'Ble Ms. Justice Mukta Gupta2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2258/2017 RAJINDER RANA ..... Petitioner Represented by:

Mr. Naomi Chandra, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Jamal Akhtar , Mr.

Prashant Singh and Mr.

Chaitanya Gosain, proxy counsel for Mr. Rahul Mehra, Standing Counsel for the State with SI Parmjit Singh, PS Connaught Place.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.12.2017 1.

By this petition, the petitioner prays that the petitioner be released on the sentence already undergone.

2.

Petition faced trial in FIR No. 531/2007 under Section 392/411/34 IPC registered at PS Connaught Place, New Delhi wherein as per the nominal roll he was convicted by the learned Metropolitan Magistrate and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of ₹3,000/- in default whereof to undergo six months simple imprisonment.

3.

The petitioner preferred a criminal appeal before the learned Additional Sessions Judge which was dismissed vide order dated 10th W.P.(CRL) 2258/2017

September, 2015. Challenging the order in Crl. Appeal No. 19/2015 the petitioner filed a revision petition before this Court being Crl. Rev. P. No. 451/2016 which is pending before this court and the sentence of the appellant has already been suspended therein. 4.

Since the revision petition of the petitioner is pending and this issue whether the petitioner is required to be released on the period already undergone or what sentence is required to be passed will be decided in the said revision petition. The present petition is dismissed as not maintainable. 5.

Copy of this order be communicated to the petitioner through Superintendent, Tihar Jail.

MUKTA GUPTA, J.

DECEMBER 11, 2017 'yo'

W.P.(CRL) 2258/2017