WPCRL/1337/2022
2022 Latest Caselaw 2223 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

21st JULY, 2022 WRIT PETITION (CRL) No. 1337 OF 2022 Between:

Ram Singh                            .......Petitioner
and
State of Uttarakhand and another.    ....Respondents
Counsel for the petitioner            :    None.

Counsel for the respondents           :    Mr. J.S. Virk, learned Deputy Advocate

General with Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand .

Upon hearing the learned Counsel, the Court made the following JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The applicant seeks parole for a period of one

month to attend to the Annual Shraadh (Barsi) of his late

wife, and for conducting Pind-Daan ritual.

2. The applicant's wife passed away on 22.04.2021.

The applicant is convicted under Section 302/34, 380, 457

IPC, and is undergoing life sentence.

3. It is not clear, whether the applicant moved the

State for grant of parole.

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

General, on instructions, states that the applicant apparently

did not move the State for the said relief. On instructions,

Mr. J.S. Virk also states that the applicant was lastly

released on parole for the period from 04.05.2021 till 20.05.2021. He surrendered on time, and there is no

adverse report against his conduct during the period he was

on parole.

5. Considering that a year has elapsed since the last

time when the applicant was released on parole and his past

conduct is not such to dissuade us from releasing him on

parole, with a view to enable the applicant to perform the

Shraadh ceremony of his late wife and to re-establish his

connections with the Society, we grant him parole for a

period of fifteen days from the date of his release upon his

furnishing a personal bond with two sureties of the amount

to be fixed by the trial Court. The applicant shall duly

surrender before the Senior Superintendent of District Jail,

Dehradun on expiry of the period of parole. During the

period of his parole, he will not indulge in any criminal

activities and will not get in touch with the members of the

family of the deceased.

6. The petition stands disposed of in the aforesaid terms.

7. This order be communicated through the Registrar General to the Senior Superintendent of District Jail, Dehradun, forthwith.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 21st July, 2022 Rathour