ASIF @ NAEEM vs STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4309/2025, CRL.M.A. 38794/2025, CRL.M.A. 38795/2025, CRL.M.A. 1110/2026 & CRL.M.A. 1111/2026 Reserved on: 21st January, 2026 Pronounced on: 17th February, 2026 Uploaded on: 17th February, 2026 ASIF @ NAEEM .....Petitioner Through: Mr. Sarthak Maggon, Advocate. versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Kushagra Malik & Mr. Arpan Narwal, Advocates for UOI. Ms. Kamakshi Sehgal, Advocate for Union of India. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. This petition, under Article 226 of the Constitution, assails the decision of the Sentence Review Board (“SRB”) recorded in the minutes of its meeting dated 30th July, 2025, declining the Petitioner’s request for premature release. The Petitioner also challenges the consequential approval/communication issued on behalf of the Government of NCT of Delhi founded on those minutes. 2. The Petitioner is a Bangladesh national. He stands convicted in FIR No. 284/2004, at P.S. Mansarovar Park, Delhi. By judgment dated 25th Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(CRL) 4309/2025 Page 1 of 12 Signing Date:17.02.2026 19:12:43 January, 2010, the Trial Court convicted him for offences including Sections 396/449 read with Section 34 of the Indian Penal Code, 1860 (“IPC”), besides other charges. 3. In appeal, the Division Bench, by judgment dated 19th February, 2014, affirmed the conviction under Sections 396/449 read with Section 34 IPC, while acquitting the Petitioner of the charges under Section 412 IPC and Section 27 of the Arms Act, 1959. The challenge carried further did not succeed. 4. The Petitioner was repatriated to Bangladesh to serve the