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Minutes of Sentence Review Board Meeting Held on 11.12.2020

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Minutes of Sentence Review Board Meeting Held on 11.12.2020 Minutes of SRB Meeting held on 11th December, 2020 RECOMMENDATIONS OF THE SENTENCE REVIEW BOARD FOR PREMATURE RELEASE OF LIFE CONVICTS IN THE MEETING HELD UNDER THE CHAIRMANSHIP OF THE HON’BLE HOME MINISTER OF DELHI AT 03:00 PM ON 11th DECEMBER, 2020, AT DELHI SECRETARIAT, NEW DELHI- 110002. A meeting of the Sentence Review Board (hereinafter referred to as Board) was held on 11th December, 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. MS. RASHMI SINGH MEMBER DIRECTOR, SOCIAL WELFARE DEPARTMENT GOVT. OF NCT OF DELHI 7. SH. RAJESH DEO DEPUTY COMMISSIONER OF POLICE (LEGAL) MEMBER DELHI POLICE (AS NOMINATED BY COMMISSIONER OF POLICE) Page 1 of 191 Minutes of SRB Meeting held on 11th December, 2020 The Sentence Review Board met on 11.12.2020 at 03:00 PM to consider the fresh and rejected cases for premature release of convicts undergoing Life sentence in pursuance to the meeting notice received from Dy. Secretary (Home), GNCT of Delhi vide reference no. F.18/78/2002/HG/3860-68 dated 07.12.2020. The amended Rule 1257 (d) of DPR, 2018 vide notification no. F.18/191/2015- HG/1840-1853 dated 08.06.2020 provides that “..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.” Hence, rejected cases of the previous meetings were also considered. A total 186 number of cases of life convicts were placed before the Board (26 fresh cases, 150 previously rejected cases & 10 cases recommended by the Board in its last meeting but kept for reconsideration in pursuance of the directions of Hon’ble LG, Delhi). All the cases put forth before the Board were discussed at length and considered in the light of parameters as mentioned in Delhi Prison Rules, 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 expressed 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 considered by the Board and accordingly its recommendations were given. Page 2 of 191 Minutes of SRB Meeting held on 11th December, 2020 The Board was informed about the following:- (I) 10 cases recommended by the Board in its last meeting have been taken up for reconsideration as per directions of Hon’ble LG. These cases have been included among the previously rejected cases and are at Sr. No. 31, 45, 54, 56, 59, 68, 73, 74, 80 and 185. (II) That the recommendation by the Board for premature release of the convicts are subject to the approval of Hon’ble Lieutenant Governor, Govt. of National Capital Territory of Delhi. (III) 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. (IV) Cases falling under Section 435 Cr.P.C. are subject to the consultation with Central Government (MHA), Govt. of India (e.g. CBI cases etc.), if any. Page 3 of 191 Minutes of SRB Meeting held on 11th December, 2020 CASE INDEX S.NO. CATEGORY OF CASES CASE Sr. Nos. 1. FRESH CASES Case Nos. COVERED UNDER RULE 1251 OF DELHI PRISON RULES, 2018 1 to 20 i.e. THOSE REQURING 14 YEARS OF ACTUAL IMPRISONMENT 2. FRESH CASES Case Nos. COVERED UNDER RULE 1252 (a) OF DELHI PRISON RULES, 2018 21 to 25 i.e. THOSE REQURING 20 YEARS OF IMPRISONMENT INCLUDING REMISSION BUT NOT LESS THAN 14 YEARS OF ACTUAL IMPRISONMENT 3. FRESH CASE Case No. COVERED UNDER RULE 1253 OF DELHI PRISON RULES, 2018 26 i.e. THOSE REQURING 14 YEARS OF IMPRISONMENT INCLUDING REMISSION BUT NOT LESS THAN 10 YEARS OF ACTUAL IMPRISONMENT 4. REJECTED CASES OF SRB MEETING HELD ON 11.05.2020 & Case Nos. 05-06.08.2020 COVERED UNDER RULE 1251 OF DELHI PRISON 27 to 98 RULES, 2018 (INCLUDING RECONSIDERATION CASES AT SL. NOs. 31, 45, 54, 56, 59, 68, 73, 74 AND 80). 5. REJECTED CASES OF SRB MEETING HELD ON 11.05.2020 & Case Nos. 05-06.08.2020 COVERED UNDER RULE 1252 (a) OF DELHI PRISON 99 to 153 RULES, 2018 6. REJECTED CASE OF SRB MEETING HELD ON 05-06.08.2020 Case No. COVERED UNDER RULE 1252 (a) OF DELHI PRISON RULES, 2018 154 WHERE THE CASE INVESTIGATED BY C.B.I. AND TO BE FOLLOWED AS PER SECTION 435 OF Cr.P.C. 7. REJECTED CASES OF SRB MEETING HELD ON 11.05.2020 & Case Nos. 05-06.08.2020 COVERED UNDER RULE 1253 OF DELHI PRISON 155 to 180 RULES, 2018 8. REJECTED CASES OF SRB MEETING HELD ON 11.05.2020 & Case Nos. 05-06.08.2020 COVERED UNDER RULE 1255 OF DELHI PRISON 181 to 182 RULES, 2018 i.e. 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. 9. REJECTED CASES OF SRB MEETING HELD ON 11.05.2020 & Case Nos. 05-06.08.2020 COVERED UNDER STATE OF HARYANA V/s 183 to 186 JAGDISH (INCLUDING RECONSIDERATION CASE AT SL. NO. 185). Page 4 of 191 Minutes of SRB Meeting held on 11th December, 2020 FRESH CASES COVERED UNDER RULE 1251 OF DELHI PRISON RULES, 2018 (Case Nos. 01 to 20) 01. FARUKH S/O SH. ALI SHER — AGE-51 YRS. Farukh S/o Sh. Ali Sher is undergoing life imprisonment in case FIR No. 619/2006, U/S 302 IPC, P.S. New Friends Colony, Delhi for murder of his father with a dagger over domestic issue. The convict has undergone: Imprisonment of 14 years and 04 days in actual and 17 years, 03 months and 26 days with remission. He has availed Parole 02 times and Furlough 03 times. Recommendation by Police: The Dy. Commissioner of Delhi Police (Legal) has opposed his premature release in the meeting. Recommendation by Social Welfare Department: The Director, Social Welfare Department, Delhi has not supported premature release of the convict in the meeting. Conclusion: After taking into account all the facts and circumstances under which the offence was committed by the convict i.e. the murder of his father with a dagger, gravity and perversity of crime, the Board decided to REJECT the premature release of convict Farukh S/o Sh. Ali Sher at this stage to further check his conduct/reformative attitude and possibility of returning as a useful member of the society. Page 5 of 191 Minutes of SRB Meeting held on 11th December, 2020 02. HIMANSHU S/O SH. SURESH — AGE-32 YRS. Himanshu S/o Sh. Suresh is undergoing life imprisonment in case FIR No. 289/2006, U/S 302/34 IPC, P.S. Sarai Rohilla, Delhi for murder of a person on personal grudge. The convict has undergone: Imprisonment of 14 years, 03 Months and 20 days in actual and 18 years, 02 months and 17 days with remission. He has availed Parole 07 times and Furlough 18 times. Recommendation by Police: The Delhi Police has opposed premature release of the convict in its report. The Dy. Commissioner of Delhi Police (Legal) has also opposed his premature release in the meeting. Recommendation by Social Welfare Department: The Social Welfare Department, Delhi has recommended his premature release in its report. The Director, Social Welfare Department, Delhi has also supported premature release of the convict in the meeting. Conclusion: After taking into account all the facts and circumstances of the case, consistent satisfactory jail conduct throughout incarceration, no adverse report during parole and furlough availed, no propensity of committing crime again etc., the Board RECOMMENDS premature release of convict Himanshu S/o Sh. Suresh. Page 6 of 191 Minutes of SRB Meeting held on 11th December, 2020 03. JAI SINGH RAWAT S/O SH. BIR SINGH — AGE-53 YRS. Jai Singh Rawat S/o Sh. Bir Singh is undergoing life imprisonment in case FIR No. 55/1991, U/S 302/307/392/397/398/120-B IPC, P.S. Rajender Nagar, Delhi for murder of a lady during robbery by stabbing. The convict has undergone: Imprisonment of 14 years, 01 month and 05 days in actual and 16 years, 04 months and 20 days with remission. He has availed Parole 03 times and Furlough 10 times. Recommendation by Police: The Deputy Commissioner of Delhi Police (Legal) has opposed his premature release in the meeting. Hometown police has neither recommended nor opposed in its report.
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