08 July 2025 Writ Petition >> Criminal Law  

In Sagir v/s State (NCT Of Delhi) & Others the Delhi High Court's decision regarding a petition challenging the Sentence Review Board (SRB) findings from August 30, 2024, and September 18, 2024. The petitioner, who is serving a life sentence for offenses including kidnapping, rape, and murder of an eight-year-old girl (FIR No. 360/2003, PS Gandhi Nagar), sought premature release.

The petitioner has already undergone significant imprisonment—over 20 years and eight months without remission, and more than 24 years with remission. His case for premature release was reviewed by the SRB under the 2004 policy.

The petitioner's counsel argued that the SRB's rejection was unreasoned and mechanical. The Additional Standing Counsel (ASC), representing the respondents, conceded that the SRB's decision lacked proper reasoning and was not based on relevant factors.

It appears the SRB relied solely on the gruesome nature of the crime, without adequately considering other parameters outlined in the 2004 policy or detailing the police and social welfare reports. The court emphasized that while the crime was indeed horrific, the purpose of punishment also includes reformation, and incarceration should not be endless or meaningless. The court also noted that the SRB did not appear to follow the criteria established in the Vikram Yadav vs. State Govt. of NCT of Delhi (2025: DHC: 4946) judgment.

Given these circumstances, the court set aside the SRB's order dated December 4, 2024, which had accepted the recommendations from the August and September 2024 meetings. Respondent No. 1 has been directed to reconsider the petitioner's case by convening a fresh SRB meeting within four months. The Jail Superintendent will inform the petitioner of this order.

Section 302., Indian Penal Code - 1860  

Section 366., Indian Penal Code - 1860  

Section 376., Indian Penal Code - 1860  

Section 377., Indian Penal Code - 1860  

Section 511., Indian Penal Code - 1860  

Indian Penal Code, 1860