ITEM NO.5 COURT NO.8 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). 72/2022
GANGARAM Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(IA No. 154991/2022 – CONDONATION OF DELAY IN FILING REJOINDER
IA No. 154993/2022 – EXEMPTION FROM FILING O.T.
IA No. 111880/2022 – EXEMPTION FROM FILING O.T.
IA No. 27926/2022 – EXEMPTION FROM FILING O.T.
IA No. 27921/2022 – GRANT OF BAIL)
WITH
W.P.(Crl.) No. 161/2022 (X)
(FOR ADMISSION and IA No.63831/2022-INTERIM BAIL and IA
No.63833/2022-EXEMPTION FROM FILING O.T.
IA No. 63833/2022 – EXEMPTION FROM FILING O.T.
IA No. 63831/2022 – INTERIM BAIL)
Date : 24-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE VIKRAM NATH
For Petitioner(s) Ms. Anu Gupta, AOR
Mr. Sanjay Mani Tripathi, Adv.
Ms. Debjani Das, Adv.
Mr. Mohd. Irshad Hanif, AOR
Mr. Mujahid Ahmad,Adv.
Mr. Aarif,Adv.
Mr. Pankaj Tiwari,Adv.
Mr. Md. Sarwar Alam,Adv.
Mr. Furkan Pathak,Adv.
Mr. Rajkumar Yadav,Adv.
For Respondent(s) Ms. Garima Prashad, A.A.G.
Mr. Sarvesh Singh Baghel, AOR
1 Mr. Manoj Kumar Mishra, Adv.
Mr. Ankit Goel, AOR
Mr. Aviral Saxena, Adv.
Mr. Akshay Saxena, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Criminal) No. 72/2022
We have heard Ms. Anu Gupta, learned counsel on behalf of the petitioner and Ms. Garima Prashad, learned Additional Advocate General for the State of U.P. Though, Ms. Prashad submits that the petitioners case for premature release was rejected on merits, we find that one of the factors that weighed with the authorities was that the petitioner was only 54 years of age and has no health issues. The condition of restricting the case for premature release to be considered only after accused attains 60 years of age, which has now been revoked by the State of U.P. In that view of the matter, we direct the respondent/State to reconsider the case of the petitioner in accordance with the policy in vogue, on its own merits. With the above observations, the writ petition is disposed of.
Pending application(s), if any, shall stand disposed of.
W.P.(Crl.) No. 161/2022
Perused the letter circulated by the learned counsel for the petitioner(s) seeking adjournment for filing rejoinder affidavit.
Four weeks time is granted for the same.
List after four weeks.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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