Judgements

New Delhi :- JUDGEMENT OVERVIEW

COURT :- Supreme Court of India (Division Bench (DB)- Two Judge)

JUDGEMENT NAME :- ATBIR VERSUS STATE OF NCT OF DELHI Appeal (Crl.), 714 of 2022,

JUDGEMENT DATE :- April 29, 2022

RELATED SECTION :- INDIAN PENAL CODE, 1860

Section 302 – Punishment for murder

IMPORTANT PARAGRAPH :-

Dinesh Maheshwari, J. 

Leave granted.
2. The appellant, serving the sentence of imprisonment for whole of
his natural life after commuting of death sentence by the Hon’ble
President of India, has preferred this appeal on being aggrieved by the
order dated 02.08.2021, as passed by the learned Single Judge of the
High Court of Delhi at New Delhi in W.P. (Crl.) No. 3345 of 2019
dismissing his writ petition against the order dated 21.10.2019, as issued
by the Director General of Prisons, Prison Headquarters, Tihar, Janakpuri,
New Delhi declining his prayer to grant furlough.
2.1. The prayer of the appellant for grant of furlough has been declined
by the orders aforesaid essentially with reference to the conditions of the

order dated 15.11.2012 issued by the Hon’ble President of India on a
mercy petition whereby, even while modifying the sentence of death as
awarded to the appellant to the one of imprisonment for life, it was
provided that the appellant would remain in prison ‘for the whole of the
remainder of his natural life without parole and there shall be no
remission of the term of imprisonment’.
2.2. The contention on behalf of the appellant essentially is to the
effect that the aforesaid terms of the order dated 15.11.2012 are of no
debarment, so far as his entitlement to furlough under the Delhi Prison
Rules, 2018 is concerned.

3. With reference to the foregoing broad outline of the present case,
the relevant background aspects could be briefly noticed as follows:
3.1. The appellant was charged of the offence under Section 302 of
the Indian Penal Code, 1860 in the criminal case arising out of FIR No. 24
of 1996 dated 08.02.1996, registered at Police Station Mukherjee Nagar,

Delhi on the accusation that he caused the death of his step-mother, step-
brother and step-sister by multiple knife-blows. After trial, the Court of

Additional Sessions Judge, Delhi convicted the appellant of the offence
aforesaid by the judgment dated 10.09.2004 and awarded the sentence
of death to him by the order dated 27.09.2004. The reference for
confirmation of death sentence as also the criminal appeal filed by the
appellant against his conviction and sentence were decided together by
the High Court of Delhi by its judgment dated 13.01.2006. The appeal

was dismissed and the death sentence was confirmed. Further to that,
Criminal Appeal Nos. 870 of 2006 and 877 of 2006, as filed by the
appellant and co-accused, were considered and decided by this Court on
09.08.2010. After examining the material placed on record and on
analysis of the relevant facts and circumstances, this Court confirmed the
conviction of the appellant and, finding it to be a case falling in ‘rarest of
the rare category’, confirmed the sentence of death awarded to him, while
also confirming the conviction and sentence of life imprisonment awarded
to the co-accused. This Court, inter alia, observed and held as under: – Read Full 

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