ITEM NO.7 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). 474/2022
DIGVIJAY SINGH Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(IA No. 149935/2022 – APPLICATION FOR EXEMPTION FROM FILING ORIGINAL CUSTODY CERTIFICATE IA No. 149934/2022 – EXEMPTION FROM FILING O.T. IA No. 149933/2022 – GRANT OF BAIL) WITH
W.P.(Crl.) No. 419/2022 (X)
([TO FOR GRANT OF BAIL ON IA 159055/2022 FOR EXEMPTION FROM FILING O.T. ON IA 159056/2022 FOR APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT ON IA 159057/2022)
Date : 02-01-2023 These matters were called on for hearing today.
CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Dr. Sushil Balwada, AOR
For Respondent(s) Mr. Krishnanand Pandeya, AOR
Mrs. Garima Prasad, Sr. Adv.
Ms. Vanya Gupta, Adv.
Ms. Garima Prashad, Sr. Adv.
Mr. Sarvesh Singh Baghel, AOR
Mr. Mr Vinod Diwakar Aag, Adv.
Mr. Sarvesh Singh Baghel Aor, Adv.
Mr. B.N. Dubey Adv, Adv.
UPON hearing the counsel the Court made the following
O R D E R
WP (CRL) NO 474 OF 2022
1 The petitioner has undergone 17 years of actual imprisonment following his
conviction under Sections 148, 302/149/323/149/452 and 147 of the Indian Penal 2 Code 1860, Section 3(2)(v) of the The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and Section 25 of the Arms Act.
2 The application for premature release shall be considered within a period of two months in terms of the decision of this Court rendered in Rashidul Jafar @ Chota vs State of Uttar Pradesh & Anr 1 .
3 The Writ Petition is, accordingly, disposed of.
4 Pending applications, if any, stand disposed of.
WP (CRL) NO 419 OF 2022
3 The petitioner together with certain co-accused was convicted for the commission of offences, inter alia, under Section 376(2)(G) of the Indian Penal Code 1860 on 31 May 2007 by the Additional District Sessions Judge, Fast Track Court-5), Gautam Budh Nagar, Uttar Pradesh in Sessions Trial No 33/1999 and sentenced to suffer imprisonment for life.
4 Criminal Appeal No 4723 of 2007 challenging the conviction and sentence was dismissed by the High Court of Judicature at Allahabad on 17 April 2015.
5 The petitioner has sought premature release.
6 In the affidavit which has been filed on behalf of the State of Uttar Pradesh, it has been stated that the petitioner has undergone actual imprisonment of 15 years, 8 months and 27 days without remission. Moreover, it has been stated that in terms of the State policy dated 1 August 2018, the case of the petitioner for premature release would be considered after he has undergone actual imprisonment of 20 years without remission and 25 years including remission. 1 Writ Petition (Crl) No 336 of 2019 decided on 6 September 2022 3
7 The offence of which the petitioner has been convicted falls in the prohibited category enumerated in paragraph 3(xiii) of the policy. Therefore, in terms of paragraph 2(f) of the policy, premature release of such prisoner can be considered after he fulfills the above stipulations.
8 In view of the above statement which has been made on affidavit, counsel for the petitioner states that the petitioner be permitted to withdraw the Writ Petition at this stage to enable the petitioner to apply for premature release after he fulfills the eligibility requirements.
9 The Writ Petition is dismissed as withdrawn.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)
AR-CUM-PS ASSISTANT REGISTRAR