Riyasat @ Petha vs State Of Uttarakhand
2022 Latest Caselaw 3676 UK

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE


     WRIT PETITION CRIMINAL NO.1862 OF 2021

Riyasat @ Petha                                  ...... Petitioner
                                 Vs.

State of Uttarakhand                             ......Respondent

Presence: -
Mr. Akshay Pradhan, learned Amicus Curiae for the petitioner.
Mr. J.S. Virk, learned Deputy Advocate General for the State.

JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)

            This petition has been filed by the convict-
Riyasat @ Petha through Senior Superintendent of Jail,
District-Jail Haridwar for granting him 90 days' parole for
treatment of his old and infirm mother.

2.          The convict is serving his life sentence as
awarded by the Trial Court in FIR No.88 of 1997 under
Sections 302, 364, 394, 411 and 201 IPC.

3.          As per the application, the mother of the
convict-Riyasat is 73 years old and facing multiple health
problems. She is unable to move without support of
others. There is an urgent need of operation of her knee.

4.          As per the report submitted by the Director
General (Jails) Haridwar dated 14.04.2021, the convict
has served 11 years 11 months and 28 days with
remission. The conduct of the convict is mentioned as
"good".

5.          We had sought a report from the Deputy
 Advocate General for the State. Today, Deputy Advocate
General-Mr. J.S. Virk informed the Court that earlier,
parole was granted to the convict and he did not misuse
the conditions imposed on him by the Court. He also
informed that the mother of the convict is very old and
she is under treatment.

6.         Since, we do not find any adverse remark
against the convict, and also looking to the health-
condition of his old and infirm mother, on humanitarian
grounds, we are inclined to release the petitioner on
parole for a period of 30 days from the date of his
release on his furnishing a personal bond and two
sureties in the like amount to the satisfaction of the
concerned Trial Court.

7.         It is made clear that after completion of 30
days' period, the convict will put his appearance before
the jail authority concerned positively.

8.         Pending   applications,   if    any,   also   stand
disposed of.




                                     ________________
                                      VIPIN SANGHI, C.J.



                           _______________________
                          RAMESH CHANDRA KHULBE, J.

Dated: 17th November, 2022. Sukhbant