Uttarakhand High Court
WPCRL/1563/2023 on 20 November, 2023
Office Notes,
reports, orders
or proceedings
.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
WPCRL No. 1563 of 2023
Hon'ble Manoj Kumar Tiwari, A.C.J.
Hon'ble Pankaj Purohit, J.
Mr. L.K. Tiwari, Advocate for the petitioner.
2. Mr. M.A. Khan, AGA with Mr. Rakesh Kumar
Joshi, Brief Holder for the State of Uttarakhand.
3. By means of this writ petition, petitioner has
sought the following substantive relief:-
"(i) issue a writ, order or direction in the
nature of mandamus, commanding/directing the
respondents to consider the case of petitioner for
premature release within a stipulated period
under the policy framed by the Government of
Uttarakhand vide notification dated 25-11-2022,
namely 'the Uttarakhand State (For Sentence
Pardon/Premature Release of Convicted Prisoners
Punished with Sentence of Imprisonment for Life
by the Court) Permanent Policy, 2022' since the
petitioner has undergone an actual sentence of 15
years without remission in pursuance to the
conviction and sentence awarded by the learned
Sessions Judge, Tehri Garhwal in S.T. No.
09/2009 'State V/s Ashok Kumar Kundi' (arising
out of case crime no. 3202/2008, P.S. Muni-Ki-
Reti, District Tehri Garhwal), U/s 302 & 404
I.P.C."
4. Registry has raised an objection that copy of
judgment rendered by learned Trial Court in
Sessions Trial No. 09 of 2009 has not been
enclosed with the writ petition.
5. Learned counsel for petitioner submits that
the judgment rendered by learned Trial Court
was affirmed by this Court in Appeal; SLP against
the judgment of this Court was dismissed; and
judgments rendered by this Court and also
Hon'ble Supreme Court have been enclosed with
the writ petition, therefore, the objection raised
by Registry may be overruled.
6. Since the offence for which petitioner was
convicted is indicated in the judgment rendered
by this Court in Criminal Appeal No. 104 of 2010,
therefore, we overrule the objection raised by
Registry.
7. It is not in dispute that petitioner was
convicted for offence punishable under Sections
404 and 302 IPC and sentenced to undergo
imprisonment for life vide judgment dated
30.03.2010 passed by learned Sessions Judge,
Tehri Garhwal in Sessions Trial No. 09 of 2009.
8. Learned counsel for petitioner submits that
petitioner has already undergone incarceration of
15 years, therefore, he is eligible for premature
release in terms of 'the Uttarakhand State (For
Sentence Pardon/Premature Release of Convicted
Prisoners Punished with Sentence of
Imprisonment for Life by the Court) Permanent
Policy, 2022'.
9. Learned State Counsel, however, submits
that petitioner has undergone only 14 years 1
month and 27 days of incarceration as on
31.03.2023. He further submits that petitioner
has not applied for premature release in terms of
the aforesaid Policy, therefore, his case could not
be considered so far.
10. Learned counsel for petitioner submits that
petitioner would move application in terms of the
aforesaid Policy, within two weeks.
11. We, accordingly, dispose of the writ petition
with liberty to petitioner to apply for premature
release, by making a formal application, within
two weeks from today. If, petitioner makes such
application, the Competent Authority shall
consider his request for premature release in
terms of applicable Policy and take appropriate
decision, as per law, within four months from the
date of receipt of such application, with certified
copy of this order.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, A.C.J.)
20.11.2023
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