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W.P.(CRL) 1709/2019 & Crl.M.A.No.12368/2019
RIYAZ KHAN @ GAINDA ..... Petitioner
Through Mr.Harsh Prabhakar, Advocate (DHCLSC).
Through Ms.Kamani Vora, ASC for the State with SI Vikram Singh, PS
ODRS.
Date of Decision: 21st August, 2019
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
JUDGMENT
1. Present writ of habeas corpus has been filed seeking directions to the respondent to release the petitioner as he was a juvenile on the date of incident/registration of FIR No.141/2008 registered with PS Old Delhi Railway Station (ODRS), under Sections 302/307/394/397/34 IPC.
2. The petitioner was convicted by the Trial Court and the judgment of the Trial Court was upheld by a Coordinate Bench of this Court vide judgment dated 31st October, 2014 passed in Crl.A.No.299/2012. 2019:DHC:4091-DB
3. It is pertinent to mention that no documentary evidence has been placed on record to show that the petitioner was a minor on the date of the crime.
4. A perusal of the nominal roll reveals that the petitioner’s conduct in jail has been unsatisfactory and he is even accused of having committed a murder in the jail itself. The relevant portion of the nominal roll of the petitioner is reproduced hereinbelow:xx
15. xxx VIOLATION OF DELHI PRISON RULES (COPY OF PUNISHMENT TICKET ENCLOSED) xxx 18.03.2019: RECOVERED EXTRA BELONGING ITEMS-WARNED BY SUPERINTENDENT 18.03.2019: HUNGER STRIKE- WARNED BY SUPERINTENDENT 26.01.2019: ATTACK ON CO-INMATES (APPRAISAL AWAITED FROM DISTRICT & SESSION JUDGE TIS HAZARI COURT) 18.05.2018: PHYSICAL ASSAULT & ABUSING LANGUAGE WITH OTHER INMATE 21.04.2016: SELF INJURY 16.02.2015: ATTACK ON CO-INMATE 13.07.2014: ATTACK ON CO-INMATE 11.07.2013: MISBEHAVE WITH JAIL STAFF 01.07.2013: ATTACK ON CO-INMATE 22.12.2012: FIGHTING WITH OTHER INMATES 26/25.02.2012: SELF INJURY 26.02.2012: FIGHTING WITH OTHER INMATES 11.01.2012: SELF INJURY 19.08.2011: ATTACK ON CO-INMATE 25.08.2011: SELF INJURY
16.
JAIL CONDUCT FOR THE LAST ONE YEAR UN-SATISFACTORY
17.
DETAILS OF I.BAIL/PAROLE/ FURLOUGH AVAILED NIL
18.
REPORT OF MISCONDUCT DURING INTERIM BAIL/PAROLE/ FURLOUGH (IF ANY) NIL
19.
DETAILS OF PENDING CASE (IF ANY) FIR NO.526/2015 U/s 302/147/148/149/34 IPC P.S. HARI NAGAR INVOLVE IN JAIL MURDER CASE, SAME IS PENDING. (emphasis supplied)
5. As the petitioner’s conduct in jail has been highly unsatisfactory, this Court is of the view that he cannot invoke the high prerogative writ jurisdiction as the said jurisdiction is available to those who approach the Courts with clean hands and good conduct.
6. Consequently, the present petition and the pending application are dismissed.
7. Trial Court records be sent back. MANMOHAN, J SANGITA DHINGRA SEHGAL, J AUGUST 21, 2019 KA