1 ITEM NO.6 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s).392/2022
CHANDRABHAN PANDEY Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and IA No.146451/2022-GRANT OF BAIL and IA No.146449/2022-EXEMPTION FROM FILING O.T.)
Date : 19-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s) Mr. Rishi Malhotra, AOR
For Respondent(s) Ms. Garima Prashad, Sr Advocate/A.A.G.
Mr. Sarvesh Singh Baghel, AOR
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner was convicted on 1 June 2011 of offences punishable under Sections 302, 201 and 120B of the Indian Penal Code 1860 and sentenced to suffer imprisonment for life by the Special Judge (CBI), Court No 1, Ghaziabad in Sessions Trial No 116 of 2008. The conviction was upheld by the High Court of Judicature at Allahabad on 4 April 2019. The Special Leave Petition against the order of the High Court was dismissed.
2 The petitioner has undergone sixteen years and six months of actual imprisonment without remission and over nineteen years with remission. The application for pre-mature release was rejected on 20 November 2020.2
3 Since two years have elapsed since the earlier rejection of the application for pre-mature release, it would be appropriate if the case for pre-mature release is re-considered. The competent authority in the State of Uttar Pradesh shall re-consider the case for pre-mature release in terms of Form A of the Uttar Pradesh Prisoners Release on Probation Act 1938 which applied on the date of conviction or if a more liberalized policy is prevailing at the present point, then on the basis of the liberalized policy. This exercise shall be completed within a period of three months of the date on which a certified copy of this order is forwarded to the DGP (Prisons).
4 The petition is accordingly disposed of.
5 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (KAMLESH RAWAT)
DEPUTY REGISTRAR COURT MASTER