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Minutes of SRB Meeting Held on 05Th & 6Th August, 2020

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Minutes of SRB Meeting Held on 05Th & 6Th August, 2020 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 1 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 2 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 3 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 4 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 5 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 6 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 7 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 8 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 9 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 Page 10 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 RECOMMENDATIONS OF THE SENTENCE REVIEW BOARD FOR PREMATURE RELEASE OF LIFE CONVICTS IN THE MEETINGS HELD UNDER THE CHAIRMANSHIP OF THE HON’BLE HOME MINISTER OF DELHI AT 03:00 PM ON 05th & 6th AUGUST, 2020, AT DELHI SECRETARIAT, NEW DELHI- 110002. In the meetings of the Sentence Review Board (hereinafter referred to as Board) were held on 05th & 6th Aug, 2020 in the Conference Hall No. 03, “C” Wing, 2nd floor, Delhi Sachivalaya, New Delhi under the CHAIRMANSHIP OF HON’BLE HOME MINISTER, GOVT. OF NCT OF DELHI. THE FOLLOWING WERE PRESENT: 1. SH. SATYENDRA JAIN CHAIRMAN HON’BLE HOME MINISTER GOVT. OF NCT OF DELHI 2. SH. B. S. BHALLA MEMBER PRINCIPAL SECRETARY (HOME) GOVT. OF NCT OF DELHI 3. SH. SANDEEP GOEL MEMBER DIRECTOR GENERAL OF PRISONS SECRETARY GOVT. OF NCT OF DELHI 4. SH. SANJAY KUMAR AGARWAL MEMBER PRINCIPAL SECRETARY (LAW & JUSTICE) GOVT. OF NCT OF DELHI 5. SH. SATISH KUMAR MEMBER ADDL. SESSIONS JUDGE DELHI (AS NOMINATED BY D&SJ, HQs, DELHI) 6. SH. S. B. SHASHANK MEMBER DIRECTOR, SOCIAL WELFARE DEPARTMENT GOVT. OF NCT OF DELHI 7. SH. CHINMOY BISWAL DEPUTY COMMISSIONER OF POLICE (HQs) MEMBER DELHI POLICE (AS NOMINATED BY COMMISSIONER OF POLICE) Page 11 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 The Sentence Review Board in view of Rule 1247 of Delhi Prison Rules 2018 and in pursuance to notification dated 08.06.2020 issued under the signature of Deputy Secretary (Home) Govt. of NCT of Delhi, whereby in the Delhi Prison Rules, 2018, a proviso under the existing Rule 1257 (d) has been added stating therein that the rejected cases can be considered prior to the expiry of a period of six months, if the Chairman of the Sentence Review Board so decides, met on 05.08.2020 & 06.08.2020 at 03:00 P.M., to consider the fresh and rejected cases for premature release of convicts undergoing Life sentence. A total 184 number of cases (20 fresh cases as on 30.06.2020 & 164 rejected cases of SRB Meeting held on 28.02.2020) of life convicts were placed before the SRB for consideration. The Board examined each case on its merit on the basis of its facts and circumstances and in the light of recommendations by Social Welfare Department, Police Department (Local and Hometown) and Jail Superintendent. All the cases put forth before the board were discussed at length and considered in the light of parameters as mentioned in the existing prison rules/DPR, 2018. Factors like conduct of the prisoner during confinement, his/her age, the circumstances under which the crime was committed (premeditated or in spur of the moment), nature & gravity of crime, perversity and brutality of the offence committed by the convict, whether the convict is casual or habitual offender, his/her antecedents, apprehension by his/her family members, propensity of committing crime again or not, his lodgment, parole/furlough availed and conduct during parole/furlough as well as in Jail, prospects of post release rehabilitation, family responsibilities, possibility of the convict to return as a useful member of the society and his socio-economic condition were also evaluated by the Board and accordingly, its recommendations were given. It was informed to the Board that the recommendations for premature release are subject to the approval of Hon’ble Lieutenant Governor, Govt. of National Capital Territory of Delhi. Cases of premature release of the life convicts falling under Rule 1255 of DPR, 2018, are to be dealt with under the provision of Article 72 of the Constitution of India, thus required to be referred to MHA. Apart Page 12 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 from it, cases falling under Section 435 Cr.P.C. are subject to the consultation with Central Government (MHA), Govt. of India (eg. CBI cases etc.). INDEX S.NO. CATEGORY OF CASES CASE Sr. Nos. 1. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case Nos. COVERED UNDER RULE 1251 OF DELHI PRISON RULES, 2018 01 to 80 i.e. THOSE REQURING 14 YEARS OF ACTUAL IMPRISONMENT 2. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case Nos. COVERED UNDER RULE 1252 (a) OF DELHI PRISON RULES, 2018 81 to 132 i.e. THOSE REQURING 20 YEARS OF IMPRISONMENT INCLUDING REMISSION BUT NOT LESS THAN 14 YEARS OF ACTUAL IMPRISONMENT 3. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case No. COVERED UNDER RULE 1252 (a) OF DELHI PRISON RULES, 2018 133 WHERE THE CASE INVESTIGATED BY C.B.I. AND TO BE FOLLOWED AS PER SECTION 435 OF Cr.P.C 4. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case Nos. COVERED UNDER RULE 1253 OF DELHI PRISON RULES, 2018 i.e. 134 to 155 THOSE REQURING 14 YEARS OF IMPRISONMENT INCLUDING REMISSION BUT NOT LESS THAN 10 YEARS OF ACTUAL IMPRISONMENT 5. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case Nos. COVERED UNDER RULE 1255 OF DELHI PRISON RULES, 2018 i.e. 156 to 157 BEFORE COMPLETION OF 14 YEARS OF ACTUAL IMPRISONMENT ON THE GROUND OF TERMINAL ILLNESS OR OLD AGE AND TO BE DEALT UNDER ARTICLE 72 OF THE CONSTITUTION OF INDIA. 6. REJECTED CASES OF SRB MEETING HELD ON 28.02.2020 Case Nos. COVERED UNDER STATE OF HARYANA V/s JAGDISH 158 to 164 7. FRESH CASES Case Nos. COVERED UNDER RULE 1251 OF DELHI PRISON RULES, 2018 165 to 178 & 184 8. FRESH CASES Case Nos. COVERED UNDER RULE 1252 (a) OF DELHI PRISON RULES, 2018 179 to 181 9. FRESH CASE Case No. COVERED UNDER RULE 1253 OF DELHI PRISON RULES, 2018 182 10. FRESH CASE Case No. COVERED UNDER STATE OF HARYANA V/s JAGDISH 183 REJECTED CASES COVERED UNDER RULE 1251 OF DELHI PRISON RULES, 2018 Page 13 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 (Case Nos. 01 to 80) 01. AAS MOHD. S/O SH. MOHD. YASIN — AGE-34 YRS. Aas Mohd. S/o Sh. Mohd. Yasin is undergoing life imprisonment in case FIR No. 859/2004, U/S 302/201/34 IPC and 25 Arms Act, P.S. Sangam Vihar, Delhi for murder of a 22 years old man after intoxicating him. The convict has undergone: Imprisonment of 14 years, 09 months and 10 days in actual and 18 years, 00 months and 17 days with remission. He has availed I. Bail 01 time, Parole 05 times and Furlough 13 times. He Jumped furlough w.e.f. 12.07.2016 and re- arrested in other cases on 13.10.2016. Recommendation by Police: The Delhi Police has strongly opposed his premature release in its report. The Deputy Commissioner of Delhi Police (HQs) has also opposed his premature release in the meeting. Recommendation by Social Welfare Department: The Social Welfare Department, Delhi report has not been received. However, the Director, Social Welfare Department, Delhi, did not support the premature release of the convict in the meeting. Conclusion: After taking into account all the facts and circumstances of the case i.e. murder of a person by stabbing with knife & brick, the convict having previous criminal history, having jumped furlough and re-arrested in another cases, un- satisfactory jail conduct (multiple punishments), propensity of committing crime again etc., the Board unanimously REJECTS the premature release of convict Aas Mohd. S/o Sh. Mohd. Yasin at this stage. Page 14 of 198 Minutes of SRB Meeting held on 05th & 6th August, 2020 02. CHANDER PRAKASH S/O SH. DURJAN SINGH — AGE-34 YRS. Chander Prakash S/o Sh. Durjan Singh is undergoing life imprisonment in case FIR No. 859/2004, U/S 302/201/34 IPC & 25/54/59 Arms Act, P.S. Sangam Vihar, Delhi for murder of a 22 years old man after intoxicating him. The convict has undergone: Imprisonment of 14 years, 10 months and 28 days in actual and 17 years, 02 months and 28 days with remission. He has availed I. Bail 02 times and Parole 03 times. He jumped parole w.e.f. 14.08.2016 and re-arrested in other case on 14.10.2016. Recommendation by Police: The Delhi Police has opposed premature release of the convict in its report. The Deputy Commissioner of Delhi Police (HQs) has also opposed his premature release in the meeting. Recommendation by Social Welfare Department: The Social Welfare Department, Delhi report has not been received. However, the Director, Social Welfare Department, Delhi has not supported the premature release of the convict in the meeting. Conclusion: After taking into account all the facts and circumstances of the case i.e. murder of a person by stabbing with knife & brick, the convict having criminal history/pending cases, un-satisfactory jail conduct with multiple punishments & having jumped parole twice and booked in other cases during such period, propensity of committing crime again, the Board unanimously REJECTS premature release of convict Chander Prakash S/o Sh.
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