(Kurian Joseph, Deepak Gupta and Hemant Gupta, JJ.)
Firoz Tayyab Tanasha ______________________________ Petitioner
v.
The State of Uttar Pradesh & Anr. _________________ Respondent(s)
Writ Petition (Criminal) No. 49 of 2018, decided on November 15, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. This is a writ petition for pre-mature release of the petitioner. The petitioner has served more than 16 years of actual period in jail and with remission, around 20 years. The State, having regard to the conduct of the petitioner, has recommended the premature release of the petitioner. However, the State requires a report from the District Magistrate, Thane, for which the petitioner has to submit an application in Form A.
2. The petitioner is directed to submit Form A application within two weeks from today and thereafter, the application shall be duly forwarded to the District Magistrate, Thane, who shall examine the case and submit his report to the competent authority under the first respondent and thereafter, the first respondent will pass appropriate orders in accordance with law.
3. The interim release granted to the petitioner will continue until further orders and it will depend on the final orders to be passed by the State Government.
4. We make it clear that pending proceedings, as above, shall not come in the way of the State considering the petitioner for permanent release on 26th January, 2019 in case he is otherwise eligible.
5. In view of the above, the writ petition is disposed of.
Writ Petition(s) (Criminal) No(s). 49/2018
Firoz Tayyab Tanasha ______________________________ Petitioner
v.
The State of Uttar Pradesh & Anr _________________ Respondent(s)
Date : 15-11-2018 This matter was called on for hearing today.
(Before Kurian Joseph, Deepak Gupta and Hemant Gupta, JJ.)
For Petitioner(s) Mr. Jetendra Singh, Adv.
Mr. V. K. Kaushik, Adv.
Ms. Kalpana Sabharwal, Adv. Ms. Priyanka Singh, Adv.
Mr. S. S. Dharma Teja, AOR
For Respondent(s) Ms. Aishwarya Bhati, AAG, UP
Mr. Rajesh Kumar Singh, Adv.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Kamlendra Mishra, AOR
Mr. Anoop Kandari, Adv.
Mr. Nishant R. Katneshwarkar, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. The writ petition is disposed of in terms of the signed nonreportable Judgment.
7. Pending interlocutory application(s), if any, is/are disposed of.
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