The Division Bench of the Supreme Court, comprising Justices Indira Banerjee and Justice J. K. Maheswari in the case of Pankaj Som v. State of UP has granted bail to petitioner on account of his sister’s wedding.
The Petitioner has filed special leave petition against an order passed by the Allahabad High Court as the High Court has rejected the application for parole filed by the petitioner for attending the wedding of his sister.
Reasoning and Decision of the Court
The Apex Court considered the facts of the case and referred to Section 3 of The Uttar Pradesh (Suspension of Sentences of Prisoners) Rules, 2007 which entails that The Government may suspend the sentences of a prisoner upto one month on the following grounds:-
(a) illness of prisoner’s parents, husband or wife, son, daughter, brother or sister; or
(b) death of any one of the relative mentioned in sub clause (aq);
(c) Marriage of son, daughter, brother or sister;
(d) For sowing or harvesting of agricultural crops on his own land provided no other alternative arrangement for the same is available;
(e) For the essential repair of his house provided no other alternative arrangement of the same is available.
By making the perusal of abovementioned Section, the Court ordered that the petitioner should be released on interim bail/parole for a period of two days.
The Court also instructed the Police that if the petitioner does not surrender within stipulated time as directed, it will be open to the State to take coercive action against the petitioner to secure his custody
Case Details
Case: - Petition(s) for Special Leave to Appeal (Crl.) No(s). 1168/2022
Petitioner: - Pankaj Som
Respondent: - State of UP
Counsel for Petitioner: - Mr. Venkita Subramoniam T.r, AOR
Counsel for Respondent: - : Mr. Ardhendu Mauli Kumar Prasad, AAG
Judge: Justices Indira Banerjee and Justice J. K. Maheswari
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