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Nand Ram vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 21 April 2023 · Citation: (2023) 04 UK CK 0059

HON’BLE JUDGES
Vipin Sanghi, CJ · Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Criminal) No. 560 Of 2023
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Judgment

10 paragraphs · 371 words

Vipin Sanghi, CJ

1) Issue notice.

Counsel appears and accepts notice on behalf of the respondents.

2) The petitioner has preferred the present petition to seek a direction to the respondents to release him on parole.

3) The case of the petitioner is that, he was convicted in Sessions Trial No. 75 of 1989, arising out of Criminal Case No. 340 of 1988, Police Station Rudrapur, under Section 302 IPC, on 02.11.1996, and sentenced to life imprisonment. His criminal appeal No. 1652 of 2001, was dismissed by this Court, on 29.03.2010.

4) The petitioner has remained incarcerated for over 12 years. The petitioner’s daughter Smt. Sita was engaged to Sri Ankit Pal on 31.03.2023, and, now, the wedding has been fixed on 23.04.2023. In support of his plea, the petitioner has placed on record, the marriage invitation card. The petitioner had sought parole from the respondent authorities by seeking an application on 02.02.2023. However, the said application has not been disposed of. Consequently, the petitioner has preferred this petition.

5) Mr. Virk states that the facts stated in the petition have been verified, and the marriage of the petitioner’s daughter is fixed on 23.04.2023. He further states that the jail conduct of the petitioner has been found to be satisfactory. He further states that the petitioner was released for 15 days in the year 2016, and no untoward incident was reported with regard to his conduct during the period of his release. In the light of the aforesaid, we are inclined to allow this petition.

6) We direct the State to release the petitioner on parole for a period of 30 days from the date of his release subject to his furnishing a personal bond with two sureties in the sum of Rs.20,000/- each, to the satisfaction of the Jail Superintendent concerned. The petitioner shall duly surrender at the end of the parole period. During the period of his parole, he shall not contact the family members of the victim. He shall not indulge in any criminal activity.

7) Petition stands disposed of in the aforesaid terms.

8) Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.