WPCRL/685/2025
2025 Latest Caselaw 725 UK

Uttarakhand High Court

WPCRL/685/2025 on 4 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                               2025:UHC:5755-DB
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGE'S ORDERS
No.            directions and
             Registrar's order
              with Signatures
                                  WPCRL/685/2025
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Mr. Bhupesh Kandpal, Advocate for the petitioner.

2. Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarakhand.

3. Petitioner was convicted for offence punishable under Section 302/149 IPC and was sentenced to life vide judgment and order dated 23.07.2004 passed by Addl. Sessions Judge / FTC, Kashipur, District Udham Singh Nagar. Presently, she is undergoing sentence at Sitarganj Jail.

4. By means of this writ petition, petitioner has sought the following relief:-

"(A) A writ, order or direction in the nature of mandamus directing the State Authorities to consider the case of the petitioner for suspension of sentence and/or grant of parole on the medical grounds (so that the petitioner can undergo the medical treatment at higher centre at Jolly grant Medical Hospital at Dehradun) taking into consideration the medical illness of the petitioner which is also not disputed by the State authorities. The petitioner prays to grant the parole for the period of atleast 6 months and/or suspension of the sentence for the period of 6 months so that the petitioner can undergo medical treatment at higher centre."

5. Learned counsel for the petitioner submits that petitioner is seriously ill and on the ground of illness, she was granted parole by the Inspector General (Prisons) for 28 days on 02.05.2025 and upon completion of the period of parole, petitioner has surrendered before the jail authorities. He submits that petitioner needs immediate medical 2025:UHC:5755-DB treatment, as during the period of parole also, she remained hospitalised in Himalayan Institute of Medical Sciences Jolly Grant, Dehradun. He further submits that petitioner is suffering from 'left sided residual hemi paresis', therefore, if parole is not granted to her, she will suffer irreparable loss.

6. Learned State Counsel refers to Rule 512 of the Uttarakhand Jail Manual (Rules), 2023, which is extracted blow:-

"512. Procedure (i) A prisoner desiring to avail parole or furlough will submit his application in the prescribed form to the Superintendent of the prison. The Superintendent will examine each case carefully with regard to the eligibility for leave with particular reference to conduct, work, attitude towards family and community, and the manner in which the previous period of leave, if it was utilized. He will then forward the application to the Superintendent of police of the concerned district within 03 days of receipt of the application through the District Magistrate concerned. The Superintendent of Police shall send his report to the IG Prisons through the District Magistrate within 14 days from the date of receipt of the reference of the Superintendent of Prisons. In case the police disagree with the proposed release of a prisoner on leave, reasons for such disagreement should be specified. The IG Prisons is allowed a period of 07 days to decide on the application from the date of receipt of the report of District Magistrate was received by him.

(ii) The Inspector General of Prisons shall take decision on the application of parole/ furlough within 15 days of receipt of the recommendation received from the District Magistrate.

(iii) The prisoner shall be kept informed of all the decision on his application. If his request for release on parole or furlough is rejected, he shall be informed of the grounds of such rejection.

(iv) The opinion of the district authorities should be obtained every time a prisoner is released on parole or furlough.

(v) Prisoners whose conduct is found unsatisfactory during his/ her release on parole or furlough may be debarred for this concession for a specified period of time by IG Prisons on a report/ recommendation received from the Superintendent of Prison concerned. However, the concession so barred may be reviewed by IG Prisons after 6 months from the date of the bar coming in to force, on a representation from the affected prisoner.

2025:UHC:5755-DB

(vi) The prisoner shall be informed of the ground of the bar and the period for which he/ she shall not be eligible for release on parole/ furlough."

7. Learned State Counsel thus submits that petitioner can approach the competent authority for parole by making an application.

8. Learned counsel for the petitioner submits that having regard to the nature of illness, petitioner needs parole for at least 3-4 months; while the IG (Prisons) is competent to grant parole only for 30 days at a stretch, which is extendable to 45 days.

9. Learned counsel for the petitioner submits that petitioner has already applied for parole on 01.07.2025.

10. Be that as it may, since the competent authority for grant of parole is Inspector General (Prisons), therefore, we dispose of the writ petition with a direction to the Inspector General (Prisons) to consider petitioner's prayer for parole, as per law, within three weeks from the date of receipt of certified copy of this order.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 04.07.2025 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e

CHANDRA 4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0 95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.04 17:15:46 +05'30'