KULDEEP Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed by four petitioners namely, Kuldeep, Mazhar-Ul-Islam, Rama Shankar and Mukesh Kumar under Article 226 of the Constitution of India read with Sec. 482 CrPC seeking premature release by challenging the respective orders of the even date 30/6/2023 passed by the Sentence Review Board (SRB) vide which the applications of the petitioners seeking premature release was rejected.

(2.) The facts which are relevant for the adjudication of the present Writ Petition are that the petitioners were convicted and have been sentenced to undergo life imprisonment for different offences. Appeals against conviction and sentence have been dismissed by this Court. It is averred in the petition that as on the date of consideration of their applications seeking premature release, the petitioners had undergone following actual sentence: <FRM>JUDGEMENT_20_LAWS(DLH)6_2024_1.html</FRM>

(3.) Before proceeding further, it would be apt to mention that all the petitioners have been granted furlough by the competent authority and while on furlough, they before approaching this Court had approached the Hon'ble Supreme Court by filing a Writ Petition under Article 32 of the Constitution of India, which were dismissed vide orders dtd. 11/12/2023 (annexed as Annexure P-43 to the petition) and 12/12/2023 (annexed as Annexure P-44 to the petition) and granted liberty to the petitioners to approach the jurisdictional High Court. It was also ordered that the interim protection granted earlier shall continue to operate for a period of four weeks. The order dtd. 11/12/2023 reads as under: