via Video-conferencing

$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL.) 1028/2020 & CRL. M.A. Nos. 8827-28/2020

DIWAKAR SHARMA .....Petitioner

Through : Mr. Vijay Aggarwal, Mr. D.M.
Bhalla and Mr.Deepanshu
Choithani, Advocates.
versus
STATE & ORS. ..... Respondents
Through : Mr. Rahul Mehra, SSC
(Criminal) for GNCTD with
Mr. Chaitanya Gosain,
Advocate.

CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 07.07.2020

CRL. M.A. No. 8827-28/2020 (for exemption)

Exemption is granted, subject to just exceptions and subject to
the applicant completing all requirements of filing typed/certified/
legible/original/properly margined copies of annexures, attested
affidavits and requisite court fee within 10 days of physical re-
opening of the court.
The application stands disposed of.
W.P.(CRL.) 1028/2020
The petitioner, who is accused in several criminal cases and is
presently in custody at Central Jail, Mandoli, New Delhi, seeks a
direction that respondent No. 1/State and respondent No. 2/Director

W.P.(CRL.) No.1028/2020 Page 1 of 3

 General (Prisons) be directed to furnish to the petitioner details of the
‘live’ or ‘unexpired’ production warrants/custody warrants pending
against the petitioner, based on which the petitioner is being detained
in judicial custody.
2. Mr. Vijay Aggarwal, learned counsel appearing for the
petitioner submits that of the 48 cases that are pending against the
petitioner, of which he is aware, only 07 cases relate to cognizable
and non-bailable offences inter alia under provisions of the Indian
Penal Code 1860 and the Prevention of Corruption Act 1988. Mr.
Aggarwal submits that the other cases are under section 138 of the
Negotiable Instruments Act 1881, which are non-cognizable and
bailable. However, it appears that on the strength of production
warrants/custody warrants issued by various courts, within and
outside Delhi, the petitioner is being detained in judicial custody by
the jail authorities.
3. Issue notice.
4. Mr. Rahul Mehra, learned Senior Standing Counsel (Criminal)
appears on behalf of respondents Nos. 1 and 2 on advance copy; and
accepts notice.
5. Mr. Mehra has forwarded by e-mail a communication dated
07.07.2020 from the Jail Superintendent, which is an intimation
regarding the cases pending against the petitioner, enclosed with
which is a list of 39 cases pending in Delhi and 09 cases pending
outside Delhi, in connection with which the petitioner is being held in
jail.

W.P.(CRL.) No.1028/2020 Page 2 of 3

 6. Communication dated 07.07.2020 has also been forwarded to
Mr. Aggarwal. Upon perusal, Mr. Aggarwal submits that the
information the petitioner seeks is the status of the production
warrants/custody warrants which are pending, whether in cognizable
or non-cognizable cases, not of the cases which are pending. The
petitioner wants to know whether such productions warrants/custody
warrants are ‘live’ or have they ‘expired’. He submits that such
information should be readily available with the jail authorities since
physical copies of production warrants/custody warrants would be in
their possession.
7. Mr. Mehra wishes to file a status report in this regard.
8. Let status report be filed before the next date, with advance
copy to the opposing counsel.
9. List on 29.07.2020.

ANUP JAIRAM BHAMBHANI, J.

JULY 07, 2020/j

W.P.(CRL.) No.1028/2020 Page 3 of 3