JAYANTI VERSUS STATE OF UP & ORS.

WPR 459/2022
1 R E V I S E D ITEM NO.3 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 (Criminal) No.459/2022
JAYANTI Petitioner(s)
VERSUS
STATE OF UP & ORS. Respondent(s)
(With IA No.174832/2022 – EXEMPTION FROM FILING O.T. and IA No.
174833/2022 – GRANT OF BAIL)
Date : 16-01-2023 These matters were 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. Ronak Karanpuria, AOR
Mr. Ram Charan Goutam, Adv.
Mr. Rohit Goutam, Adv.
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, AAG
Mr. Shashank Shekhar Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner has been convicted in Sessions Trial No 672 of 1991 for offences punishable under Section 302 read with Section 34 of the Indian Penal Code in connection with Crime No 289 of 1986 registered at PS Barta, Aligarh. WPR 459/2022 2
2 The sentence of death has been commuted by the High Court to imprisonment for life.
3 The petitioner who is 76 years old has undergone over eight years and five months of custody without remission and ten years with remission.
4 The minutes of the Medical Board held on 9 July 2022 at the District Jail (Annexure P-9) indicate that the case of the petitioner was considered for premature release together with certain other convicts. The petitioner is stated to be suffering from congestive heart failure and other ailments.
5 Counsel appearing on behalf of the State of Uttar Pradesh states that the matter is now pending with the IG (Prison).
6 We direct that the IG (Prison) shall take a decision by 27 January 2023 in the matter. Thereafter, the competent authority in the State of Uttar Pradesh shall take a final decision by 10 February 2023.
7 The Petition is accordingly disposed of.
8 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar WPR 459/2022
3 ITEM NO.3 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 (Criminal) No.459/2022
JAYANTI Petitioner(s)
VERSUS
STATE OF UP & ORS. Respondent(s)
(With IA No.174832/2022 – EXEMPTION FROM FILING O.T. and IA No. 174833/2022 – GRANT OF BAIL)
Date : 16-01-2023 These matters were 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. Ronak Karanpuria, AOR
Mr. Ram Charan Goutam, Adv.
Mr. Rohit Goutam, Adv.
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, AAG
Mr. Shashank Shekhar Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner has been convicted in Sessions Trial No 672 of 1991 for offences punishable under Section 302 read with Section 34 of the Indian Penal Code in connection with Crime No 289 of 1986 registered at PS Barta, Aligarh.

2 The sentence of death has been commuted by the High Court to imprisonment for life.
3 The petitioner who is 76 years old has undergone over eight years and five months of custody without remission and ten years with remission.
4 The minutes of the Medical Board held on 9 July 2022 at the District Jail (Annexure P-9) indicate that the case of the petitioner was considered form premature release together with certain other convicts. The petitioner is
stated to be suffering from congestive heart failure and other ailments.
5 Counsel appearing on behalf of the State of Uttar Pradesh states that the
matter is now pending with the IG (Prison).
6 We direct that the IG (Prison) shall take a decision by 27 January 2023 in the matter. Thereafter, the competent authority in the State of Uttar Pradesh shall take a final decision by 10 February 2023.
7 The Special Leave Petition is accordingly disposed of.
8 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar