Uttarakhand High Court
Deep Chand vs State Of Uttarakhand & Another on 26 September, 2024
2024:UHC:7103-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (PIL) No.820 OF 2024
Deep Chand ...Petitioner
Versus
State of Uttarakhand & another ...Respondents
Counsel for the petitioner : Mr. Sharang Dhulia, learned counsel.
Counsel for the State : Mr. Amit Bhatt, learned Government
Advocate, with Mr. R.K. Joshi, learned
Brief Holder, for the State.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
Learned counsel for the State has informed
that 09.09.2024, the case of the premature release of
the petitioner has been rejected by the Committee.
Learned counsel for the petitioner states that his case
does not fall in the category of "prohibited category" of
conviction, who cannot be granted the benefit of the
premature release.
2. Learned counsel for the petitioner has
referred to the Uttarakhand Jail Manual, 2023, whereas,
as per Clause 523, which is the "prohibited category",
who cannot be released prematurely. Clause 523 (xi) of
the Uttarakhand Jail Manual, 2023 reads as under:-
"523. Prohibited Category:-
(xi) All such convicted prisoners who
are punished with sentence of life
imprisonment for offences under section
363 A (Kidnapping or malming a minor
for purposes of begging), 370 (Trafficking
of person), 376A (Punishment for causing
death of resulting in persistent vegetative
state of victim), 376D (Gang rape), 376E
2024:UHC:7103-DB
(Punishment of repeat offences),
489B(Using as genuine, forged or
counterfeit- currency notes or bank
notes) and 489D Making or possessing
Instruments or materials for forgoing or
counterfeiting.
3. Learned counsel for the petitioner says that
none of the offences mentioned in the above said
Clause 523 (xi) of the Uttarakhand Jail Manual, 2023
covers the case of the petitioner, as he has been
convicted under Sections 302 and 376 of IPC.
4. Learned State Counsel is not able to show as
to how the case of the petitioner is covered as per
"prohibited category", as stated above, the petitioner
has been convicted under sections 302 read with 376 of
IPC, and the case of the petitioner for premature
release has wrongly been rejected on 09.09.2024.
5. Keeping in view clause 522 (iii) of the
Uttarakhand Jail Manual, 2023, the age of the petitioner
in the present case is 70 years, and he is not covered
by the "prohibited category", he can be released after
completing 10 years without remission and 12 years
with remission including the under trial period. Clause
522 (iii) of the Uttarakhand Jail Manual, 2023, reads as
under:-
"522. Consideration of eligibility for
sentence pardon/premature release
(i).....
(ii)...
(iii) All convicted prisoner to life
imprisonment whose have completed the
age of 70 years or above of age, and have
completed the sentence of 10 years
2024:UHC:7103-DB
without remission and 12 years with
remission including the Under trial period."
6. In the present case, as per the custody
certificate Annexure No.5 dated 27.06.2024, at page 41
of the writ petition, the petitioner has already
undergone 24 years 5 months 20 days including
remission in custody. The age of the appellant is 70
years, his case has wrongly been rejected without
examining the case of the petitioner as per Uttarakhand
Jail Manual, 2023. The writ petition is being allowed, a
direction is being issued to the respondents to release
the petitioner, as his case is covered under clause 522
(iii) of the Uttarakhand Jail Manual, 2023.
______________
RITU BAHRI, C.J.
___________________
RAKESH THAPLIYAL, J.
Dated:26.09.2024
NR/
NITES Digitally signed by NITESH
RAWAT
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
H
COURT OF UTTARAKHAND,
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0ea4758e401cf436bdce9fb,
RAWA
postalCode=263001,
st=UTTARAKHAND,
serialNumber=F691686B3C4
47434E89897BCDC0B6567DC
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T
3BDD03C, cn=NITESH RAWAT
Date: 2024.09.27 17:49:24
+05'30'
