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The Delhi High Court Friday ordered the immediate release of former Congress youth leader Sushil Kumar Sharma, convicted for the murder of his wife Naina Sahni in 1995, which came to be known as the tandoor murder case.
On Wednesday, the court had expressed displeasure over Sharma’s stay in jail and asked authorities whether a person could be allowed to be kept in prison indefinitely for the offence of murder, even if he has already served the sentence. The court held that the decision of the sentence reviewing board, which rejected his premature release from jail, was arbitrary and non-speaking. A bench of Justices Siddharth Mridul and Sangita Dhingra Sehgal passed the order.
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Sharma is serving a life sentence for murdering his wife Naina Sahni, chopping her body and throwing the parts in a tandoor in a restaurant in 1995. Known as the Tandoor (oven) murder case, it is one of the landmark cases in India in which DNA evidence and a second autopsy were used to establish the guilt of the accused.
He had told court he has been in jail for 29 years, including the period of remission, and was entitled to premature release in accordance with Sentence Review Board guidelines.
Advocate Amit Sahni, appearing for Sharma, had said guidelines on premature release state that life convicts sentenced for a single offence are to be released after completion of 20 years of incarceration and those who had committed heinous crimes are to be granted relief after 25 years.
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