$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010243762026 + W.P.(CRL) 1717/2026 & CRL.M.A. 17249/2026 MD. AZAM .....Petitioner Through: Mr. Shiv Chopra (DHCLSC), Mr. Shravan Pandey, Ms. Surbi Arora, Ms. Shivani Kaushik and Mr. Ayush Kumar, Advs. versus STATE(NCT OF DELHI) .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. for State SI Arvind, P.S. Nabikareem Delhi. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 21.08.2026 1. The instant petition is for the following reliefs: “a) Issue a writ of certiorari quashing the order bearing no. ref. f.no.18/62/2025/hg/ prisons/3651-3652 dated 27.11.2025 accepting the recommendations/minutes of meeting of sentence review board held on 16.10.2025 thereby rejecting the premature release of the petitioner. b) Issue writ of mandamus directing the respondent to release the petitioner on premature release. c) Pass such other and further orders/directions, as may be required in the interest of justice, and is deemed fit and proper in the facts and circumstances of the case.” 2. The petitioner stands convicted under Sections U/S 364-A/34 of the Indian Penal Code, 1860 (‘IPC’) and has been sentenced to undergo imprisonment for life. He has been in jail since 13.12.2008 and as per the Minutes of Board meeting held on 16th October, 2025, the petitioner had 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 25/08/2026 at 12:44:14 undergone imprisonment of 16 years and 15 days in actual and 20 years, 02 months and 11 days with remission. In terms of the Order bearing No. F-18/5/94/Home (Genl) dated 16.07.2004 issued by the Lieutenant Governor of the NCT of Delhi (“2004 Guidelines”), the petitioner is eligible for early release. 3. Learned counsel for the petitioner submits that the Impugned Order dated 27.11.2025 is erroneous and unsustainable. It is de hors settled principles of law governing the adjudication of an early/premature release application of a given convict. He submits that the petitioner herein is entitled for an early release and him having been granted parole more than 4 times and furlough more than 16 times ought to be weighed in our favour. 4. Recently, this Court in Ramesh v. State (NCT of Delhi), 1 after relying upon a catena of decisions culled out the principles which are to apply while adjudicating upon the application of a convict for premature release. A three-fold criterion was set out by the Court, it being—first, the propensity of a convict to commit an offence again, which is to be adjudicated on the basis of the convict’s jail conduct as well as his antecedents. Baseless and unsubstantiated apprehension of victims or witnesses is not relevant for determining likelihood to commit a crime after release. The assessment is to be made on the basis of convict’s antecedents and conduct while in jail; second, the purpose which would be served by the continued confinement of the convict in prison, including whether the convict continues to pose a danger to the society; and third, the socio-economic condition of the convict’s family arising from his continued 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 25/08/2026 at 12:44:14 5. The Court found the following factors/considerations to be irrelevant for the purposes of adjudicating upon an early/pre-mature release of a given convict—first, gravity of the original offence and the length of the sentence imposed are not by themselves relevant; second, the fact that “wrong” or “negative” message would go out to society is not a relevant factor; and third, a mere opposition by the police authorities to premature release is irrelevant unless it is supported by cogent material. Premature release also cannot be denied on the sole ground that the police have not recommended release. 6. Importantly, the following, inter alia, were considered as material/relevant factors to determine the question of early/premature release of a given convict—first, post-conviction conduct of the convict is the principal indicator to assess desirability of premature rule. In the absence of contemporary and cogent evidence to the contrary, sustained good conduct in custody cannot be ignored or discounted; and second, where a convict has transitioned through the incarceration process and has, after due consideration, been moved from regular prison to a semi-open prison and thereafter to an open prison, with a good ‘report card’ through those stages, such progression is a critical factor that ought to imbue any assessment of premature release. 7. In the instant case, the petitioner has contended that the Sentence Review Board (‘SRB’) has previously rejected his application for early release on numerous occasions. The material portion of the Minutes of the Meeting dated 16.10.2025 reads as under: “The Board after consideration all the facts as deliberated above crime to the conclusion 1 2026:DHC:6455 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 25/08/2026 at 12:44:14 that it may not be in the interest of the society at large to release such a convict who has committed crime with premeditation and in collaboration of co-convicts. In certain cases considering the crime so committed, maintaining good conduct in prison can not be the sole barometer for recommending the pre mature release. Hence, the Board after detailed deliberation and discussion, as out lined above, unanimously decided to REJECT pre mature release of convict Mohd Azam S/o Abdul kudus at this stage.” 8. A perusal of the aforenoted would indicate that premature release has been denied on the ground that it may not be in the interest of the society at large to release the convict, him having committed the crime with premeditation and in collaboration with co-convicts, as also on the ground that good conduct maintained in prison cannot be the sole barometer for recommending premature release. Such reasoning is at the teeth of the decision of this Court in Ramesh (supra) and resultantly cannot be sustained. 9. Importantly, it may also be noted that there are no criminal antecedents of the petitioner, and even the immediate jail conduct of the petitioner has been found to be satisfactory. 10. Bearing in mind the aforesaid facts and circumstances, the Impugned Order deserves to be set aside and the case of the petitioner deserves to be reconsidered in accordance with the law laid down by this Court in Ramesh as well as the observations made hereinabove. 11. Accordingly, the Impugned Order stands set aside, let the petitioner’s application for early/premature release be reconsidered in the forthcoming meeting of the SRB. Thereafter, let the decision be communicated to the petitioner without any delay. 12. It is clarified that the decision to be taken by the SRB must be in accordance with the principles laid by this Court in Ramesh as well as the observations made hereinabove. Any deviation from it, including providing 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 25/08/2026 at 12:44:14 reasons on irrelevant considerations of the kind detailed above, shall be taken serious note of. 13. With the aforesaid observations, the petition stands disposed of. 14. If the grievance of the petitioner is not mitigated, he shall be at liberty to file a fresh petition. PURUSHAINDRA KUMAR KAURAV, J AUGUST 21, 2026/NG/ksr 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 25/08/2026 at 12:44:14