WPCRL/2038/2022
2023 Latest Caselaw 1494 UK

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      Date                                      COURT'S OR JUDGES'S ORDERS
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                                  WPCRL No.2038 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Saurabh Kumar Pandey, Advocate for the petitioner.

Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Kumar Joshi, Brief Holder for the State.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking Parole for one month. Petitioner has been convicted for the offence punishable under Section 302, 149 and 148 of IPC and sentenced for life by learned Additional District Judge, Kashipur.

3. Petitioner filed an Appeal bearing Appeal No.239 of 2004, which was dismissed by Coordinate Bench of this Court vide judgment dated 22.08.2012. Petitioner has challenged the said judgment before Hon'ble the Supreme Court, however, SLP was also dismissed, as informed by learned counsel for the petitioner.

3. Petitioner has sought a Parole on the ground of illness of his mother. It is stated that petitioner's mother suffers from Hypothyroidism/Type-II Diabetes

mellitus/Dialated Cardiomyopathy and other age related ailments for which she urgently needs treatment.

4. A counter affidavit has been filed by the State wherein it is stated that petitioner's wife and three brothers are available, who can look after the health problem, if any of his parents. It is further stated that petitioner has a long criminal history and there is a possibility that he may again indulge himself in some criminal activities, if he is released on Parole.

5. We have perused medical prescriptions enclosed with the writ petition.

6. The illness indicated in medical prescription is not so severe in nature, which may warrant release of petitioner on Parole. We do not find any good ground to grant Parole to the petitioner. Accordingly, prayer sought for Parole is refused and writ petition is dismissed.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 25.05.2023 Arti