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2025 DAILYLAW 13115 (UTT)

SANTOSH KUMAR RAI v. STATE OF UTTARAKHAND

WPCRL/1309/2024 · 2025-01-10

Alok Mahra, G Narendar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 16.04.2025 MCRC No. 2 of 2025 in WPCRL No. 1309 of 2024 Hon’ble G. Narendar, C.J. Hon’ble Alok Mahra, J. 1. Ms. Divya Jain, learned counsel for the petitioner/ applicant. 2. Sri J.S. Virk, learned Deputy Advocate General with Sri Rakesh Joshi, learned Brief Holder for the State of Uttarakhand. 3. MCRC No. 02/2025 is preferred praying to extend the time granted by this Court under order dated 10.01.2025; that the father of the petitioner/ applicant, who is aged about 80 years, is required to be operated upon, and hence the application is made seeking for extension of the short-term bail that has been granted. 4. This Court has consistently been holding that the said relief is not permissible in the manner prayed for, and has been granting liberty to the applicants to move the Competent Authority. A similar application has been disposed of by this Court in CRJA No. 17/2023, vide order dated 12.02.2025, wherein it was observed as under : “3. The Application for short term bail is preferred seeking for release of the applicant/ convict on the ground of marriage of his sister. 4. Learned Deputy Advocate General would take this Court through Rule 504 of the Uttarakhand Jail Manual (Rules), 2023, which deals with ‘Parole & Furlough’. Rule 504(ii) deals with objectives of releasing a prisoner on parole and furlough, and the same are detailed in clauses (a) to (h). Rule 504(ii)(c) enables the authorities to release the prisoner on parole or furlough to maintain and develop his self-confidence. 5. Learned Deputy Advocate General would further take this Court through Rule 512 of the Uttarakhand Jail Manual Rules, 2023 to contend that such applications are to be placed before the competent Authority, i.e. I.G. (Prisons), and the competent Authority is required to consider the release of the convict in terms of the provisions of Rule 512 of the Uttarakhand Jail Manual Rules, 2023. 6. In that view, the Short Term Bail Application is disposed of by granting liberty to the applicant / appellant to submit an Application to the competent Authority / I.G. (Prisons), and if such an Application for release on parole on medical ground is preferred by the applicant / convict, the same shall be considered and disposed of by the competent Authority within one week from the date of its receipt. 7. In the event such application is rejected, it is open to the applicant/ appellant to seek remedy in accordance with law.” 5. In that view of the matter, we decline to entertain the application. But, while so declining to entertain the application, we deem it appropriate to permit the petitioner/ applicant to make an application to the Competent Authority in terms of the above order, and if such an application is made, the Competent Authority shall consider and dispose of the same within one week from the date of presentation of the application. 6. MCRC No. 02/2025 stands ordered accordingly. (Alok Mahra, J.) (G. Narendar, C.J.) 16.04.2025 16.04.2025 Rahul