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Mohan Lal v/s State of NCT of Delhi


Company & Directors' Information:- MOHAN INDIA PRIVATE LIMITED [Active] CIN = U70101DL2010PTC207186

Company & Directors' Information:- MOHAN MOHAN & CO PRIVATE LIMITED [Active] CIN = U60200BR1951PTC000497

Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

Company & Directors' Information:- R AND R MOHAN INDIA PVT LTD [Active] CIN = U74899DL1961PTC003426

Company & Directors' Information:- K MOHAN (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U63090DL1987PTC027404

    Special Leave Petition (Criminal) Diary No. 11051 of 2020

    Decided On, 08 May 2020

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE UDAY UMESH LALIT & THE HONOURABLE MR. JUSTICE DINESH MAHESHWARI

    For the Petitioner: Uttara Babbar, AOR. For the Respondent: Chirag M. Shroff, AOR.



Judgment Text


The petitioner stands convicted under Section 10 of the POSCO Act and sentenced to undergo simple imprisonment for a period of six years. The Criminal Appeal No.1387/2019 arising therefrom is pending consideration before the High Court.

However, the High Court did not deem it appropriate to release the petitioner by giving him the facility under Section 389 Cr.P.C. The aforesaid order dated 17.12.2019 passed by the High Court is presently under challenge.

Ms.Uttara Babbar, learned counsel for the petitioner submits that the petitioner is 65 years of age and is a diabetic patient.

She further submits that the petitioner is presently lodged in Tihar Jail and because of the recent conditions pursuant to Covid-19 pandemic he may be granted some temporary relief for three months, after the expiry of which the petitioner will surrender and can be put in custody.

Since the benefit under Section 389 Cr.P.C. was not granted by the High Court on merits and thereafter no application was preferred seeking relief in view of Covid-19 Pandemic, we grant liberty to the petitioner to move the High Court afresh by filing appropriate application within one week from today. In case such application is filed, we request the High Court to consider the matter as early as possible.

We have not and shall not be taken to have expressed any opinion on the merits or demerits of the submissions made by the learned

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counsel for the petitioner. With the aforesaid observations, the SLP is disposed of. Pending applications, if any, stands also disposed of.
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