Rinku @ Brijendra vs State Of U.P. And 4 Others
2019 Latest Caselaw 6021 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18714 of 2019
 
Petitioner :- Rinku @ Brijendra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Sudheer Rana,Rajesh Kumar Dubey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioner, Sri G.P.Sing, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer directing the respondents to grant parole to the petitioner at least for one month, so that the petitioner may get medically examined to his old aged ailing mother who is suffering from heart disease and is confined to bed.

It has been contended by learned counsel for the petitioner that the petitioner was convicted for life imprisonment by the Additional District and Sessions Judge/Special Judge, DAA, Hamirpur in connection with Sessions Trial No.300 of 2007, under Sections 148, 302/149 I.P.C. and Section 29, 30 of Arms Act, Police Station Sisolar, District Hamirpur, pertaining to Case Crime No.317 of 2007 and he is confined in jail since 10.8.2007. He further submits that the mother of the petitioner, namely, Jeet Kunwar is an old lady aged about 75 years and is suffering from heart disease and her treatment is going on at Kanpur. He next argued that as per the Government order dated 15th February, 2007, copy of which is annexed as Annexure-2 to the writ petition, 'sentence of any prisoner may be suspended for one month, if the mother, father, husband, wife, son, daughter or sister are ill. He has drawn the attention of this Court towards said Government Order and submits that any person who is convicted for life has preferred an appeal before this Court which is pending, he can move parole application. He states that the petitioner has moved a parole application before the competent authority, but the same is still pending .

Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we direct the competent authority to decide the parole application in accordance with law, which is stated to be pending, preferably within a period of six weeks from the date of production of a certified copy of this order.

With the above directions this petition is finally disposed of.

(Raj Beer Singh,J..) (Ramesh Sinha, J.)

Order Date :- 9.7.2019/NS