Plea For Premature Release Of Convicts Undergone Long Incarceration Must Not Be Dealt With Mechanically: Delhi High Court

Case: HARI SINGH v. STATE OF NCT OF DELHI & ORS.

Coram: Justice Saurabh Banerjee

Case No.: W.P.(CRL) 2589/2023

Court Observation: “It is of ultimate importance that the societal interest must be balanced with the rights of the convict and resorting to mechanical and clerical approach in dealing with the application of premature release where the convicts have undergone long periods of incarceration which will result in defeating the said purpose,”.

“The above clearly shows that in terms of the factors enumerated hereinabove, the SRB has only considered factor (i) i.e., whether the offence affects the society at large, but has failed to return any finding on the remaining factors (ii) to (v). Though this Court is mindful of the gravity and nature of the offence committed by the petitioner, however, in the opinion of this Court, the same cannot be the only factor to deny the benefit of premature release of the petitioner,”.

“The petitioner has been working as a ‘Lunger Sahayak’ and his overall jail conduct has been satisfactory. The petitioner has been granted bail/parole/furlough for a total of 26 times, and no punishment has been awarded to him since his incarceration,”

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Keywords

Plea For Premature Release