Neutral Citation No. - 2025:AHC:93323-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10631 of 2025 Petitioner :- Ram Asare Mahara Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents. 2. This writ petition is preferred praying for the following relief: "(i) a writ, order or direction in the nature of mandamus commanding the Respondent No.1 to release the petitioner from jail on the basis of mercy in S.T. No. 508 of 1983 (State Vs. Ram Asre and another) arising out of Case Crime No.190 of 1983 under section 302/34 I.P.C. Police Station Kydganj, District Prayagraj. (ii) a writ, order or direction in the nature of mandamus commanding the Respondent No.1 to decide the representation dated 22.03.2024 regarding pre-mature release of petitioner from Jail pending before him expeditiously within stipulated period as fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the petitioner had earlier filed Criminal Misc. Writ Petition No. 1169 of 2024 (Ram Asare Mahara vs. State of U.P. and 3 others), which was disposed of on 04.03.2024. In that order, the Court granted liberty to the petitioner to move a fresh representation. It was also observed that if such a representation was filed within three weeks from the date of the order, the same would be considered on merits by the competent authority expeditiously. It is stated that, despite submission of the representation, the petitioner’s claim has not yet been considered on merits. Meanwhile, as per the custody certificate dated 14.04.2025 (Paper Book, page 21), the petitioner has undergone incarceration for 13 years, 2 months, and 9 days, including remission. Learned counsel further submits that although no specific time frame was fixed in the earlier order, even after the lapse of more than a year, no action has been taken by the concerned authority. It is further submitted that the petitioner is now around 80 years old and is suffering from several serious ailments including heart disease, epilepsy, and cerebral atrophy with ischemic demyelination. These conditions fall under Categories 5, 9, and 11 of the State Government's guidelines for premature release, thereby making him eligible for mercy release under the Government Circulars dated 01.08.2018 and 28.07.2021. 4. Learned AGA states that some breathing time may be accorded to get the instructions. 5. Considering the facts and circumstances of the case, we are not inclined to keep the writ petition pending consideration. 6. Accordingly, the writ petition stands disposed of with the observation that Respondent No.1 shall consider and decide the petitioner’s representation dated 22.03.2024 for premature release on merits, in accordance with law, expeditiously, preferably within three months from the date of presentation of a certified copy of this order. 7. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 30.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad