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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Asst Comdt Javed Ali – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 7017 of 2023, CM APPL. 27332-33 of 2023
Decided On : 22-05-2023
Suspension of Sentence - Criminal Procedure - The court directed the respondent to decide the pre-confirmation petition and the application for suspension of sentence within specified timelines, considering the rigorous imprisonment awarded to the petitioner.
Fact of the Case:
The petitioner sought suspension of sentence and copies of GSFC proceedings, and alternative relief under the BSF Act.
Finding of the Court:
The court directed the respondent to decide the pre-confirmation petition and the application for suspension of sentence within specified timelines.
Issues: Prayer for suspension of sentence and copies of GSFC proceedings, and alternative relief under the BSF Act.
Ratio Decidendi: Considering the rigorous imprisonment awarded to the petitioner, the court directed the respondent to decide the petitions within specified timelines.
Final Decision: The present petition and pending applications stand disposed of with the directions given to the respondent.
JUDGMENT (Oral)
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.
The court has the authority to direct the respondent to decide on petitions for suspension of sentence within specified timelines, especially when rigorous imprisonment is involved.
The court emphasized the importance of timely adjudication of statutory petitions and the provision of relevant documents to ensure procedural fairness in administrative processes.
The court directed timely adjudication of a statutory petition under the Border Security Force Act, ensuring procedural compliance without addressing the merits.
Timely adjudication of statutory petitions under Section 117(2) of the BSF Act, 1968 is essential, and the court has the authority to direct the respondents to adhere to a specified timeline.
Timely adjudication of statutory petitions and suspension of sentence under the Border Security Force Act.
Timely decision on pre-confirmation petition and liberty to seek suspension of sentence if punishment is confirmed
Court directed the Director General of BSF to expeditiously decide the petitioner's application for suspension of sentence within four weeks, without commenting on the merits of the case.
Prompt decision on application for suspension of sentence and provision of trial proceedings to the petitioner.
The main legal point established in the judgment is that a petition seeking a writ of Mandamus may be dismissed as infructuous if the relief sought has already been satisfied by the respondents.
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