Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29441-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3986 of 2025 Petitioner :- Firasat Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Dinesh Kumar,Paritosh Sukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material brought on the record.
2. This writ petition has been filed praying for the following principal relief:
"1. Issue a writ, order or direction in the nature of mandamus for directing the respondents to consider and decide the application of pre mature release of petitioner under the U.P. Prisoner Release on Probation Rules 1938 and in view of policy dated 01.08.2018 which was applicable to the petitioner at the relevant point of time and consequently release the petitioner immediate thereof."
3. The learned counsel for the petitioner, relying on the custody certificate dated 05.02.2025, states that the petitioner has already undergone incarceration for a period of 19 years, 05 months and 21 days without remission and for a period of 23 years, 10 months and 08 days with remission as on the date of issuance of the aforesaid custody certificate. He further submits that, under similar
facts, other co-accused had approached the writ court by preferring CRIMINAL MISC. WRIT PETITION No. 18230 of 2024 (Ansar and Another vs. State of U.P. and Others), which was disposed of by a coordinate bench by order dated 15.10.2024, directing the State to consider the premature release of the petitioner. The
learned counsel further requests that the present matter be disposed of in terms of the aforementioned order. Operative portion of the
order dated 15.10.2024, is quoted below:
"5. Issue notice.
6. List on 25.3.2025. In the meantime, considering that both the petitioners namely Ansar and Naseem Beg, who are aged about 56 and 66 years and are in custody for about 27 years with remission be released on interim bail subject to furnishing personal bonds and two securities each of the like
amount to the satisfaction of the Court concerned.
7. It is made clear that grant of interim bail is only till the final decision taken the State Government on the pre-mature release case of the petitioners and in the event their case is rejected, both the petitioners will surrender back before the jail authorities."
4. Under the facts and circumstances of the case, the present petition also stands disposed of in terms of order of the order dated 15.10.2024 passed in CRIMINAL MISC. WRIT PETITION No. -18230 of 2024 (Ansar and another vs. State of U.P. and 3 others).
Order Date :- 3.3.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad