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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Chetan – Appellant
Versus
State (Govt. Of Nct of Delhi) – Respondent
| Table of Content |
|---|
| 1. challenge to the order regarding premature release. (Para 1) |
| 2. conclusion on pending applications. (Para 2 , 3) |
ORDER :
W.P. (Crl.) No(s).397/2023
1. List on 31st January, 2025.
W.P. (Crl.) No. 426/2023
1. Heard the learned counsel appearing for the parties.
2. Petitioner no.2 has already withdrawn the petition. As far as petitioner nos.1 and 3 are concerned, their applications for premature release have been rejected as can be seen from the counter affidavit. We, therefore, dispose of this Petition with liberty to the petitioner nos.1 and 3 to challenge the said order in accordance with law. We extend the time granted to the petitioner nos.1 and 3 to surrender by a period of two weeks from today.
3. Pending applications stand disposed of accordingly.
SLP (Crl.) Nos. 1484-1496/2024
1. We have perused the affidavit filed by the petitioner no.13, who has stated on oath in paragraph 11 that he was mislead and not informed the exact challenge made in the present Petition and he was also not informed that the Sentence Review Board has already taken a decision. According to us, the statement is not innocuous. If according to petitioner no.13, he had not instructed the Advocate-
Premature release not a right; requires G.O. fulfillment or Advisory Board satisfaction; independent consideration per accused.
Premature release of convicts can render legal petitions seeking such relief infructuous.
The Sentence Review Board's decision to reject a convict's plea for premature release is valid under the 2004 Guidelines, which provide for consideration but not guaranteed release.
Political exigencies and holidays justify extending anticipatory bail surrender deadline if delay non-willful.
The main legal point established in the judgment is that the rejection of a proposal for premature release should consider the convict's health condition, conduct in prison, and the impact of their r....
Court extends leave for petitioners to surrender on specified dates in criminal proceedings.
Authorities must provide clear reasoning in decisions affecting personal liberty to prevent arbitrary action, aligning with established policies for premature release.
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