Raees Alias Satna vs State Of Uttarakhand And Others

G. Narendar, CJ

Heard learned counsel for the petitioner and learned Deputy Advocate General for the State.

The instant writ petition is preferred by the petitioner to seek a direction from this Court to direct the State Authorities to consider his case for grant of parole on the ground of illness of his mother.

Learned Deputy Advocate General would take this Court through Rule 504 of the Uttarakhand Jail Manual (Rules), 2023, which deals with ‘Parole & Furlough’. Rule 504(ii) deals with objectives of releasing a prisoner on parole and furlough, and the same are detailed in clauses (a) to (h). Rule 504(ii)(c) enables the authorities to release the prisoner on parole or furlough to maintain and develop self confidence.

Learned Deputy Advocate General would further take this Court through Rule 512 of the Uttarakhand Jail Manual Rules, 2023 to contend that such applications are to be placed before the competent Authority, i.e. I .G. (Prisons), and the competent Authority is required to consider the release of the convict in terms of the aforesaid provisions.

In that view, the instant writ petition is disposed of by granting liberty to the petitioner to submit an application to the competent Authority/ I.G. (Prisons), and if such an application for release on parole is preferred by the applicant / convict, the same shall be considered and disposed of by the competent Authority within one week from the date of its receipt.

In the event such application is rejected, it would be open to the petitioner to seek appropriate remedy in accordance with law.