SHRT NIWAS Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) In the following writ petitions :

(2.) In writ Petn. No. 932/82 (Pritam Singh), the petitioner who was above the age of 20 at the date of the commission of the offence has undergone a total imprisonment of 19 years 3 months and 16 days inclusive of remissions and unexpired period of his imprisonment is hardly 8 months and 14 days. The only ground on which his case for premature release has been deferred by the Sentence Revising Board as stated in the counter-affidavit is that the report of the Probation Officer is awaited and had not been received by the Board till its meeting held on 25-3-1982. We find from the affidavit in rejoinder an averment made to the effect that the Probation Officer's report was forwarded to the Superintendent of jail for being kept before the Board meeting that was to be held on 21-9-1981. However, there is no clinching material before us to show that the report was actually received by the Sentence Revising Board. Since, however, this petitioner has undergone a total imprisonment of 19 years 3 months and 16 days inclusive of remissions, we feel that this is a fit case where the petitioner should be released on bail forthwith. It is accordingly direct that this petitioner be released forth with on bail to the satisfaction of Chief Metropolitan Magistrate, Delhi. In case there is real hardship in furnishing sureties the Chief Metropolitan Magistrate may release him on execution of personal bond. In case any adverse order is ultimately passed by the Sentence Revising Board, it will be open to the petitioner to challenge that order in appropriate proceedings and it will be open to the authorities concerned to apply for cancellation of bail.

(3.) In Writ Petition Nos. 930/82 (Jaswant Singh) and 919/82 (Raghu Nath) consideration of their cases for premature release has been deferred by the Sentence Revising Board as certain reports from the Police Department as well as from the Probation Officer had not been received by the Board. Since both these petitioners have undergone total imprisonment of over 17 years and 16 years inclusive of remissions respectively, it is high time that their release should have been considered by the Board without any delay. The respondents are, therefore, directed to consider and dispose of their cases for premature release within a period of one month from today. If, for some reason, they are not disposed of at the expiry of one month from today, both these petitioners shall then stand released on bail to the satisfaction of Chief Metropolitan Magistrate, Delhi. In case, ultimately, the Sentence Revising Board takes a decision adverse to these two petitioners, it will be open to the petitioners to challenge that decision in appropriate proceedings and it will also be open to the authorities concerned, if they are so advised, to apply for cancellation of bail.