Supreme Court - Daily Orders
Fazlur Rehman Sufi@ Shamim vs The State Of Rajasthan on 22 February, 2019
Bench: A.K. Sikri, S. Abdul Nazeer
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 340 OF 2019
(Arising out of S.L.P. (CRL.) NO. 11056 OF 2018
FAZLUR REHMAN SUFI @ SHAMIM APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN & ORS. RESPONDENT(S)
O R D E R
Heard learned counsel for the parties. Leave granted.
The appellant had applied for parole which was rejected by the Jail authorities against which a writ petition was filed which was dismissed by the High Court.
No doubt the appellant is convicted for the offence under the provisions of Terrorist and Disruptive Activities (Prevention) Act, 1987 ("TADA Act"). However, it is also a fact that the appellant has undergone more than 24 ½ years of imprisonment.
In these circumstances, having regard to the law laid down by this Court in Asfaq vs. State of Rajasthan & Ors., (2017) 15 SCC 55, we are of the Signature Not Verified opinion that the appellant shall be released on Digitally signed by DEEPAK SINGH Date: 2019.02.25 15:00:00 IST Reason: parole for a period of 21 days from the date of release on the condition that he shall report to the Station House Officer of the concerned Police Station 2 on every third day.
The appeal is, accordingly, disposed of. Pending applications, if any, shall also stand disposed of.
…...…................J. (A.K. SIKRI) …...…................J. (S. ABDUL NAZEER) NEW DELHI, FEBRUARY 22, 2019 3 ITEM NO.46 COURT NO.2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11056/2018 (Arising out of impugned final judgment and order dated 29-08-2018 in DBCRW No. 466/2018 passed by the High Court Of Judicature For Rajasthan At Jaipur) FAZLUR REHMAN SUFI @ SHAMIM Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.176431/2018-CONDONATION OF DELAY IN FILING and IA No.176432/2018-EXEMPTION FROM FILING O.T. and IA No.176438/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 22-02-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. R.K. Dash, Sr. Adv.
Mr. Mohd. Irshad Hanif, AOR Mr. Mujahid Ahmad, Adv.
Mr. Rizwan Ahmad, Adv.
Mr. Aarif Ali Khan, Adv.
Mr. Sheik Moutali Busha, Adv.
For Respondent(s) Ms. Ruchi Kohli, AOR Ms. Srishti Mishra, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order. Pending applications, if any, stand disposed of.
(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)
AR-CUM-PS BRANCH OFFICER
(Signed order is placed on the file.)