2025:UHC:5140 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 477 of 2025 19 June, 2025 Darshan Singh --Petitioner Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. SRS Gill, learned counsel for the petitioner. Mr. S.C. Dumka, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. The writ petition has been filed by the petitioner for the following reliefs:- “(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent/State Government to consider the recommendation of the Committee for remission of sentence of the present petitioner and further to consider the release of the petitioner on remission as powers given under Section 432 & 433 of Cr.P.C./473 & 475 of BNSS, 2023. (ii) Issue a writ order or direction in the nature mandamus commanding and directing the State Government for placing details before the Hon’ble Court about what action has been taken by the State Government in the case of the present petitioner till date as per the directions issued in Suo-Moto PIL No.50 of 2024.” 2. Petitioner has been convicted by learned District & Sessions Judge, Nainital vide order dated 25.09.1998 in Sessions Trial No.432 of 1995, State vs. 1 2025:UHC:5140 Kawal Jeet Singh & another, under Section 302 r/w Section 34 IPC and sentenced for life imprisonment and a fine of Rs.5,000/- with default stipulation. Petitioner preferred a Criminal Appeal No.422 of 2001 (Old Criminal Appeal No.2281 of 1998) before this Court, which too was dismissed by the Division Bench of this Court vide judgment and order dated 26.04.2010. There-against, the SLP No.6182 of 2011 was preferred and the same was also rejected by the Apex Court. Meaning thereby, the conviction and sentence of the appellant has attained finality to the level of Apex Court. 3. It is contended by learned counsel for the petitioner that petitioner has already undergone actual incarceration of 15 years 05 months and 19 days till the date of filing of the counter affidavit by the State and with remission this period is 18 years 06 months 07 days. Petitioner wants him to be released on remission under the policy of the State Government as per Chapter XXI of the Uttarakhand Jail Manual (Rules), 2023 (for short “the Rules, 2023”). Under the Rule 521 of the Rules, 2023, a State Level Committee has been constituted headed by Principal Secretary/Secretary, Home (Jail) Government of Uttarakhand with other four members. 4. Learned counsel for the petitioner submits that name of the petitioner was considered by the State Level Committee as constituted under the Rule 521 of the Rules, 2023, but no decision so far has been taken with regard to the petitioner, which is reflected from para no.5 of the counter affidavit filed by the State. 5. In view of the aforesaid facts, the writ petition is disposed of finally with a direction to the respondent no.1 to consider the name of the petitioner for his 2 2025:UHC:5140 premature releasing within a period of two months from the date of production of certified copy of this order, if the case of the petitioner falls within the parameter of Chapter XXI of the Rules, 2023. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.06.2025 AK 3