(Kurian Joseph and S. Abdul Nazeer, JJ.)
Ram Sewak _______________________________________ Petitioner
v.
The State of Uttar Pradesh ___________________________ Respondent
Writ Petition (Criminal) No(s). 61/2016, decided on October 11, 2018
The Order of the court was delivered by
Order
1. This petition is filed praying for a direction to release the petitioner, since he has already been in custody for over 29 years.
2. The petitioner was convicted under Sections 302 and 394 IPC and sentenced to life imprisonment in Sessions Trial No. 789 of 1981 on the file of II Additional Sessions Judge, Hardoi.
3. As on the date the petitioner has been in jail for over 29 years and according to the counter affidavit, with remission, the total sentence undergone is 36 years. The petitioner has also crossed the age of 60 years. It is not in dispute that under the Rules, a person who has crossed 60 years of age and served 16 years of sentence, without remission, is entitled to be considered for premature release.
4. Having regard to the peculiar facts and circumstances of the case, as emerging in the case of the petitioner, we are of the view that there is no point in directing further consideration by the State, since the petitioner otherwise satisfies the eligibility criterion for premature release.
5. Therefore, the writ petition is allowed. The petitioner is directed to be released forthwith, in case he is not required to be detained in connection with any other case.
6. Pending applications, if any, shall stand disposed of.
WRIT PETITION(S)(CRIMINAL) NO(S). 61/2016
Ram Sewak ______________________________________ Petitioner
v.
The State of Uttar Pradesh __________________________ Respondent
Date : 11-10-2018 This petition was called on for hearing today.
(Before Kurian Joseph and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Rabin Majumder, AOR (A.C.)
(appearance slip not given)
For Respondent(s) Mr. Garvesh Kabra, AOR
Mr. D. Singh Parmar, Adv.
Mr. Y. Virendra, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. The writ petition is allowed in terms of the signed order.
8. Pending application(s), if any, shall stand disposed of.
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