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Supreme Court - Daily Orders

Atbir vs State Of Nct Of Delhi on 12 November, 2021

Bench: Dinesh Maheshwari, Vikram Nath

                                                             1

     ITEM NO.10                     Court 15 (Video Conferencing)                       SECTION II-C

                                    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).   7887/2021

     (Arising out of impugned final judgment and order dated 02-08-2021
     in WPCRL No. 3345/2019 passed by the High Court Of Delhi At New
     Delhi)

     ATBIR                                                                           Petitioner(s)

                                                         VERSUS

     STATE OF NCT OF DELHI                                                           Respondent(s)

     (FOR ADMISSION)

     Date : 12-11-2021 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE DINESH MAHESHWARI
                               HON'BLE MR. JUSTICE VIKRAM NATH


     For Petitioner(s)                     Mr. Ashwani Upadhyay, Adv.
                                           Mr. Milind Kumar, AOR

     For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

The learned counsel for the petitioner has placed on record a copy of the judgment dated 20.10.2021 passed by this Court in Criminal Appeal No.1159 of 2021 titled as “State of Gujarat & Anr. Vs. Narayan @ Narayan Sai @ Mota Bhagwan Asaran @ Asumal Harpalani”.

The learned counsel has attempted to distinguish the said Signature Not Verified decision essentially with the submissions therein, this Court has Digitally signed by NEETU KHAJURIA Date: 2021.11.13 17:25:44 IST Reason: dealt with the requirement of Prisons (Bombay Furlough and Parole) Rules, 1959 whereas the petitioner’s case would be governed by 2 Delhi Prison Rules, 2018. Moreover, according to the learned counsel, the questionable conduct of the prisoner in the said case was the material circumstance that operated against him whereas in the present case, the petitioner has been maintaining good conduct and the fact is duly reported to the Annual Good Conduct Reports. Issue notice, returnable within four weeks.

(TUSHAR BISHT)                                   (SUNIL KUMAR RAJVANSHI)
COURT MASTER (SH)                                    BRANCH OFFICER