The court said till his plea seeking remission and premature release is decided by the competent authority he will remain out of jail.
Justice Siddharth Mridul ordered his release observing that he has remained in jail for over 20 years and it is a matter of his right.
“Delhi Government states that decision has already been taken by Sentence Review Board and the same is pending for consideration and order before the competent authority. In view of the above, the only course of action is to request the competent authority to expedite the decision and render it finally within reasonable period of time. Order accordingly,” the judge said.
Additional Standing Counsel for Delhi government has also informed the court that the decision has been taken and now the final order has to be passed by the Lieutenant Governor.
The court, while releasing Mr Sharma on parole, said that his counsel has invited its attention to the fact that the convict underwent sentence of over 20 years.
“The decision of the Supreme Court (in an earlier case) …. buttresses the submission made by Sharma’s counsel. In view of the foregoing, the state is directed to release the petitioner on parole till pendency of his representation and decision before competent authority,” it said.
The judge also made clear that “no condition” is imposed on Mr Sharma while he is on parole.
The case is popularly known as tandoor murder case as after killing the victim, her body was burnt in an oven of a hotel to destroy the evidence.
Mr Sharma had moved the court stating that he has already spent 20 years in jail and was entitled to premature release in accordance with guidelines of the Sentence Review Board.
In his plea, Mr Sharma had sought directions to the LG and Delhi government to expeditiously consider his plea for premature release from jail.
Mr Sharma, who had moved the plea when he was out on parole on the ground of his mother’s ailment, came back to jail on September 7 and with the high court order today, he will be released from jail shortly.
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