WPCRL/1127/2022
2022 Latest Caselaw 2015 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

               WRIT PETITION (CRL) NO. 1127 OF 2022

                                06TH JULY, 2022

BETWEEN:

Waseem Khan                                                     .....Petitioner.
And

State through Principal Secretary, Home, U.K. & others

                                                                 ....Respondents.

Counsel for the Petitioner : Mr. Priyanshu Gairola, learned counsel.

Counsel for the Respondents : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K.

Joshi, learned Brief Holder for the State.

The Court made the following:

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

The petitioner seeks a direction to the respondents

to release him on parole for a period of fifteen days to attend

the Aqiqah ceremony of his son.

2. The petitioner's request for parole has been

rejected by the respondents on the ground that under the

Rules, Aqiqah is not enumerated as a ceremony for which

parole could be applied.

3. We observe that under the Rules, there is no

prohibition against grant of parole for the aforesaid reason.

That apart, the Superintendent of Police (Crime), Dehradun

has also given his no objection for release of the petitioner on

parole for the period of fifteen days, so that, he could make

arrangements and attend the Aqiqah ceremony of his son.

4. Mr. J.S. Virk, the learned Deputy Advocate General,

states that the last time, when the petitioner was released on

parole, was in the year 2017.

5. Since five years have elapsed since then, we are

inclined to allow the present writ petition. Accordingly, we

allow the present writ petition, and direct that the petitioner

be released on parole for a period of fifteen days to enable

him to attend the Aqiqah ceremony of his son upon his

furnishing his personal bond with two sureties to the

satisfaction of the Trial Court concerned. The period of parole

shall be counted from the date of his release.

6. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 06th July, 2022 NISHANT