JUDGMENT

SANJEEV NARULA, J.:

1. This petition, under Article 226 of the Constitution, assails the decision of the Sentence Review Board (“SRB”) recorded in the minutes of its meeting dated 30th July, 2025, declining the Petitioner’s request for premature release. The Petitioner also challenges the consequential approval/communication issued on behalf of the Government of NCT of Delhi founded on those minutes.

2. The Petitioner is a Bangladesh national. He stands convicted in FIR No. 284/2004, at P.S. Mansarovar Park, Delhi. By judgment dated 25thJanuary, 2010, the Trial Court convicted him for offences including Sections 396/449 read with Section 34 of the Indian Penal Code, 1860 (“IPC”), besides other charges.

3. In appeal, the Division Bench, by judgment dated 19th February, 2014, affirmed the conviction under Sections 396/449 read with Section 34 IPC, while acquitting the Petitioner of the charges under Section 412 IPC and Section 27 of the Arms Act, 1959. The challenge carried further did not succeed.

4. The Petitioner was repatriated to Bangladesh to serve the remainder of the sentence on 1st December, 2021. The record placed before this Court includes the commutation roll from the receiving State describing his conduct in custody as satisfactory and law-abiding. As per the commutation roll, the Petitioner had undergone 21 years, 5 months and 7 days of actual incarceration as on 18th January, 2026, and 27 years, 1 month and 12 days with remission.

5. Earlier, the SRB had declined the Petitioner’s request for premature release in 2024. The Petitioner approached this Court. By judgment dated 23rd May, 2025, the rejection was set-aside and the SRB was directed to reconsider the case strictly in accordance with the applicable policy dated 16th July, 2004 and the Delhi Prison Rules, 2018, by passing a reasoned decision within the stipulated time. The minutes dated 30th July, 2025 represent the decision taken upon such reconsideration. The same read as follows:

“8.1 : The Case of Asif Naeem Sb Sh. Abdul Rub Munshi-(Age-41 Yrs.) (Bangladesh National)- Item No. 2

(i) Background: This case has been put up in compliance to the order dated 23.05.2025, passed by the Hon'ble High Court of Delhi, in W. P. (Cr1.) No.1/2025 in the matter of Asif Alias Naeem Versus State ofNCT of Delhi and Anr.

(ii) Eligibility conditions: Imprisonment for 20 years including remissions but not less than 14 years of actual imprisonment. This case has been considered under the policy/order dated 16.07.2004 issued by the Govt. of NCT of Delhi i.e. policy that was existing on the date of conviction.

(iii) Sentence details: Asif @ Naeem Sb Sh. Abdul Rub Munshi is undergoing life imprisonment in case FIR No. 284/2004, U/S 396/449/412/34 IPC and 25/27 Arms Act, P.S. M. S. Park, Delhi for committing murder of a person during dacoity. As on 31.12.2023, the convict has undergone imprisonment of 19 years, 11 months & 24 days in actual and 24 years, 04 months & 18 days with remission. The said undergone period of imprisonment is taken from letter dated 02.01.2024 received from Bangladesh High Commission, New Delhi.

(iv) Deliberation: The Board considered the reports/records received and took into account all the facts and circumstances of the case. As per latest police report dated 18.06.2025, the address E-364, New Seemapuri was checked and no such person or family found residing at this address and the premature release is opposed/not recommended.

Considering all the facts, circumstances under which the offence was committed, nature, gravity and perversity of the crime, age of the convict, the Special Commissioner of Police (Crime), Delhi during the meeting concluded that the propensity to commit similar crime again by the convict cannot be ruled out. The Director, Social Welfare Department, Delhi has also not supported his premature release during the meeting.

(v) Recommendation: The Board is of the view that with the given back drop of the crime committed, it might not be in