Extracted from the PDF above. The PDF is authoritative.
SL. No Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGES’S ORDERS
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WPCRL No. 1309 OF 2024 Hon 'ble G. Nar en dar , C.J. Hon ’ble Ash ish Nait h an i, J.
Mr. Harshvardhan Mall Visen, learned counsel for the petitioner. 2. Mr. J.S. Virk, learned Deputy Advocate General for the State. 3. Heard learned counsel for the petitioner, and learned Deputy Advocate General for the State. 4. It is the case of the petitioner that he has been incarcerated for last almost 24 years, i.e. 23 years and 06 months. It is submitted that co- accused have been granted remission by the State of U.P.; the offence was committed in the State of U.P.; the petitioner was tried by the State of Uttarakhand; on an earlier occasion, this Court had granted parole for a period of nine months; the long period of incarceration has taken a toll on the mental health of the petitioner, and; the only surviving family member of the petitioner, i.e. his father, who is aged almost about 80 years, is also suffering from neurological problem, and the presence of the petitioner is required for his medical treatment, and also to ensure proper
medical treatment to his father. 5. We had requested the learned Deputy Advocate General to secure instructions regarding conduct of the petitioner from the jail authorities. He would submit that his conduct is ordinary and in the year 2012, he had attempted to escape from the police custody while being taken to the Court. 6. It is seen that the petitioner has been convicted and sentenced to imprisonment, and almost 12 years have passed by. The fact remains that on an earlier occasion, this Court had granted parole to the petitioner. 7. Be that as it may, the issue as to whether power could be exercised under Rule 504 of the Uttarakhand Jail Manual (Rules), 2023 by this Court, requires to be examined. 8.
Keeping in view the extended period of incarceration and the undisputed fact that the father of the petitioner is suffering from ailments and requires medical treatment, we deem it appropriate to enlarge the petitioner on short-term bail for a period of three months, subject to the petitioner executing a self-bond and furnishing one surety of solvent person to the satisfaction of the CJM, Udham Singh Nagar. The period of three months shall commence from the date of the petitioner’s release, and the petitioner shall, without fail, surrender back to the concerned jail authorities on completion of the three months
period forthwith. 9. A copy of this order be forwarded to the concerned jail authorities. 10. The writ petition stands disposed of. ( Ash ish Nait h an i, J)
( G. Nar en d ar , CJ) 10.01.2025 10.01.2025 NI SHANT