ITEM NO.6 COURT NO.12 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 (Crl) No. 524/2022

RAM AUTAR @ JHUNDA & ANR. Petitioner(s)

VERSUS

THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and IA No.199748/2022-GRANT OF BAIL and IA No.199747/2022-EXEMPTION FROM FILING O.T. )

Date : 06-01-2023 This petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s) Mr. Yatish Mohan, Adv.
Mr. Hem Chand Vasishth, Adv.
Mr. Vinayak Mohan, Adv.
Mr. E. C. Vidya Sagar, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

In the instant petition, filed under Article 32 of the Constitution of India, the petitioners are seeking direction to the Competent Authority to consider the case of the petitioners for release since they have served nearly 17 years with remission in custody.

In that regard the petitioners have sought to rely on the directions issued by this Court in W.P(Crl.) No. 336 of 2019 dated 06.09.2022. It is no doubt true that as directed in the said writ petition if a convict has become eligible for consideration, the consideration is required to be made by the Competent Authority even without an application.

1 At the outset, for the Authority to consider as to whether the applicant has become eligible under the Scheme and as to whether the request is to be considered, in any event, it would be appropriate in the present facts for the petitioners to make an application to the Competent Authority. if such application is filed, the Authority would look into the same and pass appropriate orders in accordance with law.
If the petitioners file such application, such application shall be considered and disposed of one way or the other in accordance with law within three months from the date on which the application is filed.
The Writ Petition is disposed of accordingly.
(

RAJNI MUKHI) (DIPTI KHURANA)

COURT MASTER (SH) ASSISTANT REGISTRAR