IRFAN BADSHAH vs STATE OF NCT OF DELHI

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.01.2025 + W.P.(CRL) 130/2025 IRFAN BADSHAH .....Petitioner Through: Mr. Sanjeev Kr. Baliyan, Advocate (DHCLSC) and Mr. Yash Yadav, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC for the State. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. (ORAL) 1. The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) has been filed on behalf of the petitioner, seeking issuance of a writ in the nature of certiorari for quashing of the rejection order no. F.18/261/2015/HG/2993 dated 02.12.2024 and for the issuance of a writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of two months. Signature Not Verified W.P.(CRL.) 130/2025 Page 1 of 5 Digitally Signed By:AANCHAL TAGGAR Signing Date:27.01.2025 18:39:04 2. The petitioner is presently confined in Central Jail No. 02, Tihar, New Delhi. By virtue of judgment dated 21.04.2014, the petitioner was convicted under Section 302/232/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) in case arising out of FIR bearing no. 161/2008, registered at Police Station Amar Colony, Delhi and was sentenced to undergo rigorous imprisonment for life by the learned Trial Court. His appeal against the conviction i.e., CRL.A. 1365/2014 was dismissed by this Court vide judgment dated 24.03.2015. 3. The learned counsel appearing for the petitioner states that the impugned order of rejection, passed on 02.12.2024, was without appreciation of certain principles of law and the concerned authority failed to appreciate that the petitioner herein has been released on parole and