IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL WRIT JURISDICTION

MISC.APP NO._______of2019
IN
Writ Petition Criminal No. of 2019

IN THE MATTER OF:

MOHD.ANWAR …..PETITIONER

VERSUS

STATE OF N.C.T. DELHI …..RESPONDENT

F.I.R. NO.-279/1992

P.S.- SADAR BAZAR

APPLICATION UNDER SECTION 482 FOR THE

MODIFICATION OF THE ORDER DATED 23.08.2019.

To,

The Hon’ble Chief Justice

& His Companion Judges,

Hon’ble High Court of Delhi,

At New Delhi
Most Respectfully Showeth:

1. That the petitioner filed a writ petition for seeking parole for 3

weeks and this Hon’ble Court was pleased to grant the parole vide

order dated 23.08.2019 from 24.08.2019 till 27.08.2019 to attend

the weeding of the petitioner’s niece.

2. That the petitioner is undergoing life sentence in case F.I.R. No.

279/1992 under sections 302/307/34 IPC and 5 of TADA Act,

registered at police station Sadar Bazar.

3. That petitioner was arrested on 19.09.1992 in the aforementioned

F.I.R. and convicted vide order dated 13.08.1999 and since then he

is in the Judicial Custody, and therefore has undergone nearly about

29 years 6months , including, the period of remission

4. That the applicant/accused’s brother in law’s leg is injured and he is

not able to walk and the burden of her sister’s daughter’s marriage

lies on the shoulder of applicant/accused and he is the only one to

look after his niece

5. That the applicant/accused has been earlier been granted

parole/furlough on a number of occasion, but he has duly

surrendered after the expiry of period of parole/furlough.

6. That from 2000 till 08.07.2019 the petitioner had availed parole and

furlough on following dates from this Hon’ble Court and had not

misused the liberty granted to him:-

  04 Weeks Parole w.e.f 26.05.2000 to 23.06.2000 granted

by this Hon’ble Court as clearly shown in the custody

certificate.

 09 Week Parole w.e.f 19.10.2013 to 01.12.2013 granted

by this Hon’ble Court which had been further extended

till 23.12.2013 by this Hon’ble Court as clearly shown in

the custody certificate

 04 weeks parole w.e.f 07.05.2014 to 05.06.2014 granted

by this Hon’ble Court as clearly shown in the custody

certificate.

 01 month parole w.e.f 09.06.2014 to 10.07.2014 granted

this Hon’ble Court which had been extended till

20.08.2014 by this Hon’ble Court.

 30 days parole w.e.f 07.08.2015 to 07.09.2015 granted by

Delhi High Court and extended till 21.09.2015.

7. That all the arrangements for the marriage lies on the shoulder of

the applicant/accused and as a brother he has duties towards his

family which needs to be fulfilled only by him as he is the only one

to take care after his brother in law.

8. That it is pertinent to mention here that this Hon’ble Court was

pleased to grant the parole to the petitioner for attending the

weeding from 2.08.2019-27.08.2019 vide order dated 23.08.2019

where in order the surety amount and number of the surety was not

mentioned due to which Jail Superintendent Tihar Jail denied to

 release the petitioner on parole. Copy of the order dated

23.08.2019is Annexed herewith as Annexure A1 at page

no.______________.

9. That it is bring to the kind notice of this Hon’ble Court that the

petitioner has been enlarged on parole several number of times by

this Hon’ble Court for the surety amount of Rs. 10,000/- with one

surety to the satisfaction of the Jail Superintendent Tihar. Copy of

the orders are Annexed herewith as Annexure A2 at page

no._______.

10.That the applicant/accused has served 29 years and 6months in jail

and the behavior of the applicant/accused was unquestionable for

the whole period of sentence.

11.That the petitioner would be residing at F-302/A, Pandav Nagar,

Mayur Vihar Extension, New Delhi. if this Hon’ble Court is pleased

to release the petitioner for availing his right to parole.

12.That it is respectfully submitted that the petitioner undertakes to

abide by all terms and conditions imposed on him by this Hon’ble

Court.

13.That the petitioner craves leave of this Hon’ble Court to refer to and

rely upon further and additional grounds at the time of arguments.

14.That the petitioner has not filed any other petition of before the

Hon’ble Supreme Court or before this Hon’ble Court for declaring

the further detention of the Petitioner as illegal and unlawful.

15.That the annexures attached with the instant petition are true copies

of their respective originals.

PRAYER

In view of the aforesaid facts and circumstances of the case, it is humbly

prayed that this Hon’ble Court may graciously be pleased to:-

a) Allow the present application thereby modifying the

order dated 23.08.2019 passed by this Hon’ble Court.

b) Pass any other order(s) as this Hon’ble Court may

deem fit in the interest of justice.

APPLICANT(IN JC)

NEW DELHI
DATED: /08/2019

Through

(Mahima Chaudhary)
Advocates
B-87, Basement, Gulmohar Park
Delhi.
M: 9711484763
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APPLICATION NO. ________ OF 2019

IN
Writ Petition Criminal No. of 2019

IN THE MATTER OF:

Mohd. Anwar ….. Petitioner

VERSUS

Govt. Of NCT Of Delhi …. Respondent

APPLICATION U/S 482 Cr .P.C. FOR EXEMPTION OF FILING THE

CERTIFIED/DIM/TYPED COPIES OF ANNEXURES ON BEHALF OF THE PETITIONER

Most Respectfully Showeth:

1. That the petitioners have filed the accompanying petition before this Hon’ble

Court for seeking direction against the respondents.

2. That the contents of the accompanying petition may kindly be read as part and

parcel of this application and the same are not being reproduced herein for the

sake of brevity.

3. That the petitioners have taken steps to obtain the certified copies of the

annexures attached with the accompanying petition but the same have not yet

been made available to them till date.

4. That the petitioners undertake to file the same as and when required.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may

kindly be pleased to exempt the petitioners from filing the

typed/certified/dim copies of its annexures in the interest of justice.

It is prayed accordingly.

APPLICANT(IN JC)

NEW DELHI
DATED: /08/2019
Through

(Mahima Chaudhary)
Advocates
B-87, Basement, Gulmohar Park
Delhi.
M: 9711484763
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL WRIT JURISDICTION
MISC.APP NO._______of2019
IN
Writ Petition Criminal No. of 2019

IN THE MATTER OF:

Mohd. Anwar ….. Petitioner

VERSUS

Govt. Of NCT Of Delhi …. Respondent

LETTER OF SERVICE
To
The Standing counsel
High Courts Lawyers Chambers,
4th Floor, Delhi High Court,
New Delhi

Respected Sir,

Kindly acknowledge the copy of Public interest litigation seeking

directions against the respondents. This Petition will be coming

before the Hon’ble High Court on __.08.2019 so you may kindly

be present at the time of hearing of this petition. This is for your

kind information and necessary action.

Thanking you.

APPLICANT(IN JC)

NEW DELHI
DATED: /08/2019
Through
 (Mahima Chaudhary)
Advocates
B-87, Basement, Gulmohar Park
Delhi.
M: 9711484763
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL WRIT JURISDICTION
MISC.APP NO._______of2019
IN
Writ Petition Criminal No. of 2019

IN THE MATTER OF:

Mohd. Anwar ….. Petitioner

VERSUS

Govt. Of NCT Of Delhi . …. Respondent

URGENT APPLICATION

To

The Deputy Registrar

Hon’ble High Court of Delhi

At New Delhi

Sir,
Kindly treat the accompanying public interest litigation seeking direction against the
respondents as urgent one.

Filed By:

NEW DELHI
DATED: /08/2019

(Mahima Chaudhary)
Advocates
B-87, Basement, Gulmohar Park
Delhi.
M: 9711484763
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL WRIT JURISDICTION
MISC.APP NO._______of2019
IN
Writ Petition Criminal No. of 2019

IN THE MATTER OF:

Mohd. Anwar ….. Petitioner

VERSUS

Govt. Of NCT Of Delhi . …. Respondent

MEMO OF PARTIES

Mohd. Anwar
S/o Late Mohd. Maqsood
R/o F-302/A, Pandav Nagar,
Mayur Vihar Extension, New Delhi. ….. Petitioner

VERSUS

1. State Of NCT Of Delhi …..Respondent

APPLICATION UNDER SECTION 482 FOR THE

MODIFICATION OF THE ORDER DATED 23.08.2019.

Filed By:
NEW DELHI
DATED: /08/2019

(Mahima Chaudhary)
Advocates
B-87, Basement, Gulmohar Park
Delhi.
M: 9711484763
LIST OF DATES AND EVENTS:

Date Events

13/08/1999 The petitioner is undergoing a sentence of life

imprisonment in Session Case No 7/99 titled as State Vs
Tasleem Etc. in FIR bearing no 272/1992 registered at
P.S Sadar Bazar u/s 302/307/34 IPC r/w Section 5 of
TADA (THE TERRORIST AND DISRUPTIVE ACTIVITES
(PREVENTION) Act, 1987

17/12/1999 The petitioner had preferred a Criminal Appeal bearing

no 1045/1999 before the Hon’ble Supreme Court of
India which was dismissed by the Hon’ble Supreme
Court of India
16/07/2004 Sentence Review Board guidelines were framed by the
Govt. of NCT Of Delhi vide order no F.18/05/94/Home
(Genl), wherein the Lt. Governor of Delhi was pleased
to constitute ‘the National Capital Territory of Delhi
Sentence Reviewing Board’ to review the sentence
awarded to a prisoner undergoing Life Sentence
convicted by the courts of Competent Jurisdiction in
Delhi and made recommendation to him about cases
of pre mature release in appropriate cases.
2000 Till The petitioner had availed parole on Various dates
21/09/2015 from this Hon’ble Court and had not misused the
liberty granted to him
08/01/2016 Since the petitioner had already undergone
approximately 23 years in judicial custody till
01/12/2015 and he had earned good reputation inside
the Jail and his conduct was satisfactory, despite the
said facts, his name had not been recommended to the
sentence Review Board Feeling aggrieved by the
arbitrary act of the SRB, the petitioner had preferred the
Writ petition bearing 3049 of 2015 before this Hon’ble
Court. HMJ Siddharth Mridul was pleased to disposed
off the same with directions that ‘’ in the event the
 petitioner makes a representation for pre mature
release within period of one week from today, the
sentence review board is directed to forward the same
for consideration to the competent authority with in
eight weeks thereafter’’
14/01/2016 The petitioner thereafter made an representation to the
Hon’ble Chairman/President and Hon’ble members of
Sentence Reviewing Board, Central Jail, Tihar, Delhi.
22/02/2016 The petitioner approached the Hon’ble High Court of
Delhi by way of Writ petitioner bearing no 430/2016
titled as Mohd. Anwar Vs State. HMJ Siddharth Mridul
was pleased to grant First Spell of Furlough for a period
of three weeks from the date of the release of the
petitioner an consequently the petitioner had availed
Furlough for 3 weeks w.e.f. 24/02/2016 to
16/03/2016.

Hence the present Petition.