Firasat Hussain vs State Of Nct Of Delhi on 27 July, 2022

[Cites 1, Cited by 0]

Delhi High Court - Orders

Firasat Hussain vs State Of Nct Of Delhi on 27 July, 2022

Bench: Mukta Gupta

                          $~19
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.A. 1308/2015
                                 FIRASAT HUSSAIN                                   ..... Appellant
                                                    Through:     Mr. S K Sethi, Advocate (DHCLSC)

                                                    versus

                                 STATE OF NCT OF DELHI                             ..... Respondent
                                                    Through:     Ms. Shubhi Gupta, APP for the State
                                                                 with SI Avenash Kumar, PS Jagatpuri
                                                                 Mr. Ripu Daman Bhardwaj, CGSC
                                                                 & Mr. Kushagra Kumar, Advocates
                                                                 for UOI

                                 CORAM:
                                 HON'BLE MS. JUSTICE MUKTA GUPTA
                                 HON'BLE MR. JUSTICE ANISH DAYAL
                                                    ORDER

% 27.07.2022

1. The appeal is listed on office note pursuant to the report that the appellant Firasat Hussain has since died due to SARS-Covid on 16th June, 2020 while he was in IBHAS.

2. Vide judgment dated 20th November, 2017, this Court accepted the plea of the appellant that at the time of commission of offence the appellant was suffering from illness and thus not rational to take decision and hence, his conviction and order on sentence was set aside.

3. The appeal was allowed and the Delhi High Court Legal Service Committee was directed to extend assistance to the appellant. The appellant was also required to comply with the requirements of Section 437A Cr.P.C.

Signature Not Verified Digitally Signed By:NEELAM SHARMA Signing Date:28.07.2022 15:42:13

4. The appeal was thereafter listed in view of report received from the learned Addl. Sessions Judge indicating that Section 437A Cr.P.C. was not complied with and nobody came to furnish the personal bond and surety bond. It is in light of the direction to furnish the bonds in terms of Section 437A Cr.P.C. that the learned counsel who was appearing in this Court challenged the vires of Section 437A Cr.P.C. and to address the said arguments, this court appointed Mr. Jawahar Raja, Advocate as Amicus Curiae vide order dated 12th December, 2017. The appeal is thus pending only regarding challenge to vires of Section 437A Cr.P.C.

5. Mr. Jawahar Raja, Advocate is not present today. Court notice be issued to him for hearing on the limited extent as noted above.

6. Learned counsel for the State seeks time to place on record the written submissions.

7. At request, list on 18th October, 2022.

MUKTA GUPTA, J ANISH DAYAL, J JULY 27, 2022/sm Signature Not Verified Digitally Signed By:NEELAM SHARMA Signing Date:28.07.2022 15:42:13

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders