WPR 469/2022
1ITEM NO.4 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.469/2022
NATTHU LAL & ORS. Petitioner(s)
VERSUS
THE STATE OF U.P. & ORS. Respondent(s)
(With IA No.178844/2022 – EXEMPTION FROM FILING O.T. and IA No 178845/2022 – INTERIM BAIL) WITH W.P.(Crl.) No.470/2022 (X)
(With IA No.179381/2022 – EXEMPTION FROM FILING O.T. and IA No. 179384/2022 – 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. Aarif Ali, Adv.
Mr. Mujahid Ahmad, Adv.
Mr. Chand Qureshi, AOR
Mr. Pankaj Tiwari, Adv.
Mr. Rahul Mohod, Adv.
Mr. Pradeep Mohod, Adv.
Mr. Raj Kumar Yadav, Adv.
Mr. Sanjay Saini, Adv.
Mr. Shiv Kumar Vats, Adv.
For Respondent(s) Ms. Garima Prasad, Sr. Adv., Sr. AAG
Mr. Pradeep Mishra, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Crl) No 469/2022
1 The petitioners are convicts who seek premature release.
2 During the course of hearing, the Court has been apprised of the fact that the first petitioner has been granted premature release on 8 January 2023.
3 The case of the fifth petitioner is pending consideration before the State government after completion of antecedent formalities. The cases of the rest of the petitioners are before the District Committee.
4 In view of the above circumstances, we direct that the case of the fifth petitioner shall be considered and disposed of by the State government by 10 February 2023. The District Committee shall take a decision on the individual cases of the remaining petitioners by 3 February 2023. Thereafter, the State government shall take a final decision on or before 28 February 2023.
5 Insofar as the fourth petitioner is concerned, as submitted, an interim application seeking parole on the ground that his daughter is to get married on 29-30 January 2023 is filed. The petitioner would be at liberty to move the application for parole before the competent authority which shall consider it expeditiously according to law.
6 The Petition is accordingly disposed of.
7 Pending applications, if any, stand disposed of.
WPR 469/2022
Writ Petition (Crl) No 470 of 2022
1 The petitioners are convicts who seek premature release.
2 During the course of hearing, Ms Garima Prasad, senior counsel appearing on behalf of the State of Uttar Pradesh submitted that the first petitioner has been granted premature release on 4 January 2023.
3 The cases of the second and the third petitioners shall be considered by the competent authority in terms of the applicable policy for premature release within a period of two months from the date of this order.
4 The Petition is accordingly disposed of.
5 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar