High CourtsDivision Bench(2023) 05 DEL CK 0168

Asst Comdt Javed Ali vs Union Of India And Ors

Delhi High Court · Decided on 22 May 2023

HON’BLE JUDGES
Suresh Kumar Kait, J · Neena Bansal Krishna, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 7017 Of 2023, Civil Miscellaneous Application No. 27332-33 Of 2023

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Judgment

8 paragraphs · 220 words
1.

Vide the present petition, petitioner is praying as under:

“a) To Pass an order of suspension of sentence of the petitioner and direct the respondents for releasing the petitioner under the provisions of section 389 Cr.P.C.;

b) To direct the Respondents to provide the copies of GSFC proceedings of the Petitioner;

c) Alternatively, to direct the Respondent No. 2 to Dispose of the Petition filed under section 130 of BSF Act dated 08.05.2023, preferred on behalf of the Petitioner;

d) To grant two weeks’ time to approach the court for suspension of sentence in case of rejection of petition of section 130 of BSF Act and no coercive action may be taken against petitioner;”

2.

Learned counsel for respondents, who is appearing on advance notice, has assured this Court that pre-confirmation petition dated 11.04.2023 preferred by the petitioner shall be decided within four weeks.

3.

Keeping in view the averments made in the present petition and the fact that the sentence awarded to petitioner is rigorous imprisonment for one year, therefore, we hereby direct the respondent concerned to decide the pre-confirmation petition dated 11.04.2023 within three weeks from today and thereafter, decide the application of petitioner for suspension of sentence dated 08.05.2023 within two weeks.

4.

With the aforesaid directions, the present petition and pending applications stand disposed of.