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2025 DAILYLAW 6151 (UTT)

FARIDA BEGUM v. STATE OF UTTARAKHAND

WPCRL/413/2024 · 2025-02-18

Ashish Naithani, 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 2025:UHC:1134-DB WPCRL No.413 of 2024 HON’BLE G. NARENDAR, C.J. HON’BLE ASHISH NAITHANI, J. Mr. Bhupesh Kandpal, learned counsel for the petitioner. 2. Mr. J.S. Virk, learned DAG with Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. 3. Heard learned counsel for the petitioner, and learned Deputy Advocate General for the State. 4. The instant writ petition is preferred by the petitioner to seek a direction from this Court to direct the State Authorities to consider her case for grant of parole on the ground that she is suffering from Type – II Diabetes Mellitus, Lumber Disc Disease, Coronary Artery Disease and left sided residual hemi paresis etc. 5. 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 her self confidence. 6. 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. 7. In that view, the instant writ petition is disposed of by granting liberty to the petitioner 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. 8. In the event such application is rejected, it is open to the petitioner to seek remedy in accordance with law. (ASHISH NAITHANI, J.) (G. NARENDAR, C.J.) 18.02.2025 NR/