LAWS(DLH)-2022-12-158

NAZIR KHAN Vs. STATE OF NCT OF DELHI

Decided On December 14, 2022
NAZIR KHAN Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present writ petition is filed under article 226 of the Constitution read with Sec. 482 of the Code of Criminal Procedure, 1973(hereinafter referred to as'the Code') for seeking direction to the respondent to release Nazir Khan (hereinafter referred to as the'the petitioner') after setting aside and quashing the order dtd. 25/9/2018 qua the petitioner passed by Sentence Reviewing Board along with recommendations passed by the competent authority in its meeting held on 26/7/2018.

(2.) The relevant facts as reflecting from the record are that the petitioner along with other accused was put to trial arising out of FIR bearing no. 658/1994 registered at P.S. Connaught Place for the offences punishable under Sec. 147/148/149/342/365/384/34 IPC and Sec. 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as'TADA').

(3.) Home (General) Department), the Government of National Capital Territory of Delhi in its meeting held on 26/7/2018 regarding premature release of convicts through Sentence Reviewing Board (hereinafter referred to as'SRB') considered cases of 154 convicts including case of the petitioner for premature release and out of 154 cases, 25 cases were recommended for pre-mature release but case of petitioner was rejected as reflecting from office circular bearing no. F.18/102/2003-HOME(G)/Pt-1/2018/5827 dtd. 25/9/2018. The minutes were duly approved by the Competent Authority.