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2026 DAILYLAW 11062 (DEL)

UMESH v. STATE (GNCT OF DELHI)

W.P.(CRL)/1868/2026 · 2026-07-03

Madhu Jain

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1868/2026 UMESH .....Petitioner Through: Mr. Laksh Khanna, (DHCLSC), Ms. Bhuvakshi Singh. Advs. versus STATE (GNCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC with Mr. Arjit Sharma and Ms Sakshi Jha CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 03.07.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') inter alia seeking the following reliefs: “(a) Issue a Writ or order in the nature of Mandamus directing the Competent Authority to consider name of the Petitioner for pre-mature release in the upcoming Sentence Review Board Meeting; and (b) Pass any other order or further orders, which this Hon'ble Court deems fit and proper in the interest of justice;” 3. Learned counsel for the Petitioner submits that the Petitioner has completed the requisite qualifying period for consideration of premature release. It is submitted that the Petitioner has undergone actual incarceration This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/07/2026 at 10:35:44 for the last 11 years and 8 months and, in terms of the applicable Jail Rules, is required to undergo 10 years of actual imprisonment without remission and 14 years with remission. The said qualifying period was completed in January, 2026. Despite the same, the name of the Petitioner has not been forwarded for consideration by the Sentence Review Board. 4. Issue notice. 5. Learned Counsel for the State, who appears on advance notice, submits that appropriate directions may be passed in view of the submissions made by the learned counsel for the Petitioner. 6. Accordingly, the Competent Authority is directed to forward the name of the Petitioner for consideration by the upcoming meeting of the Sentence Review Board for premature release, if not already forwarded. The Sentence Review Board shall consider the case of the Petitioner in accordance with law and the applicable policy. 7. With the aforesaid directions, the present petition stands disposed of. 8. A copy of this order be forwarded to the concerned Jail Superintendent for information and necessary compliance. 9. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 3, 2026/ys/p This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/07/2026 at 10:35:44