Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13363-DB Court No. - 29 Case :- WRIT - C No. - 26959 of 2024 Petitioner :- Arshad Ahmad Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajit Kumar Srivastava,Anil Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This writ petition has been filed with the prayer to direct release of the convicted accused Imran son of Israr Ahmad on the ground that he intends to execute a sale deed. A latter is stated to have been sent to the Jail Authorities but he is not being released. Once the person convicted of an offence is undergoing sentence, no order for his release would be possible except by the Court having jurisdiction in the matter. Even otherwise, if such an exigency arises, an application can always be made before the Registrar to execute the sale deed by visiting the jail premises itself. For such purposes, it is not necessary for the convicted accused to be released for execution of sale deed. Prayer made in the writ petition for release of Imran son of Israr Ahmad is accordingly rejected. It is, however, open for the vendor to move an application before the registering authority for permitting the Sub-Registrar to visit the jail and it goes without saying that if such an application is moved for registration of the document, the same shall be dealt with, in accordance with law. We grant liberty to the petitioner to approach the second respondent in that regard. The writ petition, accordingly, stands disposed of with the observation that the second respondent shall pass an appropriate
order in terms of the provisions of the Registration Act, 1908 to facilitate the execution of sale deed provided other conditions are otherwise met.
Order Date :- 27.1.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad