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Mukesh Kumar vs State (Govt. Of Nct Of Delhi) on 2 September, 2021

Author: Chief Justice

Bench: Chief Justice, Surya Kant, A.S. Bopanna

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                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                       Criminal Appeal   No.1343/2012


     MUKESH KUMAR                                                         Appellant(s)

                                                    VERSUS


     STATE (GOVT. OF NCT OF DELHI)                                        Respondent(s)

                                                   O R D E R

The Court is convened through Video Conferencing. This Court vide Order dated 28­7­2021 while dismissing the Criminal Appeal observed as follows in Para Nos.20,21,22 and 23:­ “20 It may be noted that this Court, vide order dated 03.09.2012, granted bail to the appellant as it was not brought to our notice that he had misused the concession of furlough and was absconding. Consequent to the dismissal of his appeal, the appellant’s bail bond stands cancelled. The police is directed to take the appellant into custody forthwith to serve out the remainder of his sentence. 21 On 22.07.2021, this Court had directed the learned Additional Solicitor General to file an affidavit by the next date of hearing clearly indicating the possibility of the creation of a portal for inmates, as also their counsel, which could be used by them to access details about the period of incarceration suffered by them. Such a mechanism was suggested keeping in mind the condition of convicts languishing in prison for long periods of time, despite the existence of a remission policy, because information relating to their incarceration period was not easily available to them.

22. The learned Additional Solicitor General informs us Signature Not Verified today that all prisons in Delhi have installed e­kiosks for Digitally signed by Vishal Anand prisoners to know their case particulars including the Date: 2021.09.06 17:11:22 IST Reason:

status of their court case and their period of incarceration. It was further submitted that this Court can access the details of prisoners through e­prison/court module developed by the National Informatics Centre.

23. So far as this limited issue is concerned, we are keeping the matter pending for further hearing and direct the Registry to list the matter after four weeks.” We have heard Mr. Jayant K. Sud, learned Additional Solicitor Genera appearing for the Government of National Capital Territory of Delhi.

So far as the issue with regard to creation of a portal for inmates is concerned, we direct the Secretary, National Legal Services Authority to prepare a module to enable the accused or his/her authorized person about the exact period of incarceration suffered by him/her in jail(s) without approaching any Authority for the said purpose and his/her entitlement for remission, premature release or parole etc. as per the Government Rules/Policy.

We request Mr. Jayant K. Sud, learned Additional Solicitor General to cooperate with the Secretary of the said Authority in preparation of such module.

After the module is prepared, the Secretary, National Legal Services Authority is directed to place a copy before us and also communicate the same to the Government of National Capital Territory of Delhi to enable them to implement such module in jail(s) as a pilot project.

With the above observations, the Appeal is closed.

...................CJI.

(N. V. RAMANA) .....................J. (SURYA KANT) ......................J (A.S. BOPANNA) NEW DELHI;

2ND SEPTEMBER, 2021.

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ITEM NO.102     Court 1 (Video Conferencing)              SECTION II­C

               S U P R E M E C O U R T O F      I N D I A
                       RECORD OF PROCEEDINGS

                    Criminal Appeal    No.1343/2012

MUKESH KUMAR                                           Appellant(s)

                                  VERSUS

STATE (GOVT. OF NCT OF DELHI)                          Respondent(s)

Date : 02­09­2021 This appeal was called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE A.S. BOPANNA For Appellant(s) Mr. Shiv Ram Sharma, AOR For Respondent(s) Mr. Jayant K. Sud, ASG Ms. Rashmi Malhotra, Adv.

Mr. Vibhu Shankar Mishra, Adv. Ms. Swarupama Chaturvedi, Adv. Mr. B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing.

The Appeal is closed in terms of the signed order.

  (VISHAL ANAND)                                  (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                           COURT MASTER (NSH)

(Signed Order is placed on the file)