Riyaz Khan @ Gainda vs State
2019 Latest Caselaw 3878 Del

$~4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       W.P.(CRL) 1709/2019 & Crl.M.A.No.12368/2019
        RIYAZ KHAN @ GAINDA                                ..... Petitioner
                          Through        Mr.Harsh Prabhakar, Advocate
                                         (DHCLSC).

                          versus

        STATE                                           ..... Respondent
                          Through        Ms.Kamani Vora, ASC for the
                                         State with SI Vikram Singh, PS
                                         ODRS.

%                                  Date of Decision: 21st August, 2019

CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

                          JUDGMENT

MANMOHAN, J: (Oral)

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.

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               xxx                         xxx

     15. VIOLATION OF          18.03.2019: RECOVERED EXTRA
         DELHI PRISON          BELONGING ITEMS-WARNED BY
         RULES (COPY           SUPERINTENDENT
         OF                    18.03.2019: HUNGER STRIKE-
         PUNISHMENT            WARNED BY SUPERINTENDENT
         TICKET                26.01.2019: ATTACK ON CO-INMATES
         ENCLOSED)             (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 UN-SATISFACTORY FOR THE LAST ONE YEAR

17. DETAILS OF NIL I.BAIL/PAROLE/ FURLOUGH AVAILED

18. REPORT OF NIL MISCONDUCT DURING INTERIM BAIL/PAROLE/ FURLOUGH (IF ANY)

19. DETAILS OF FIR NO.526/2015 U/s 302/147/148/149/34 PENDING CASE IPC P.S. HARI NAGAR (IF ANY) 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