WPCRL/2174/2022
2022 Latest Caselaw 3968 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


         WRIT PETITION (CRIMINAL) NO. 2174 OF 2022

                        08th DECEMBER, 2022

Between:

Nitin Parmar                             ......         Petitioner


and


State of Uttarakhand & others            ......         Respondents


Counsel for the petitioner    :   Mr.  Siddhartha   Sah,   learned
                                  counsel

Counsel for the respondents   :   Mr. Rakesh Kumar Joshi, learned
                                  Brief Holder for the State of
                                  Uttarakhand


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             Issue notice.


             Counsel appears and accepts notice on behalf of

the respondents.


2)           Since the petitioner has prayed for limited relief,

we proceed to dispose of the present petition, at this

stage.
                             2




3)         The petitioner is a life convict having been

convicted in a criminal case arising out of FIR No. 108 of

2010, under Section 302 IPC. The petitioner has applied

for parole sometime in September 2020. That application

is still pending consideration before the respondent.


4)         There could be no justification for keeping the

application seeking parole pending for such a long period.

The    petitioner   has   completed   over    12   years   of

incarceration.


5)         We, therefore, dispose of this petition with a

direction to the respondents to positively decide the parole

application, moved by the petitioner, within the next three

weeks under communication to the petitioner. In case, the

same is rejected, the reasons for rejection should be

communicated to the petitioner.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                             ___________
                                             R.C. KHULBE, J.

Dt: 08th DECEMBER, 2022 Negi