(Ranjan Gogoi and Navin Sinha, JJ.)
Shore Ali _________________________________________ Petitioner;
v.
State of U.P. and Another ________________________ Respondent(s).
Writ Petition (Criminal) No. 118 of 2017, decided on October 30, 2017
The Order of the court was delivered by
Order
1. The accused who has been convicted under Section 302/149 IPC claims to have served imprisonment for a period of over 20 years. He, therefore, seeks appropriate orders from this Court for his release by remission of the sentence imposed.
2. We have heard the learned counsel for the petitioner. None has appeared on behalf of the respondents in spite of due service of notice.
3. It appears that by order dated 13th July, 2011 (Annexure P-7 to the Writ Petition) the case of the petitioner was considered under the provisions of Uttar Pradesh Prisoners Release on Probation Act, 1938 and he was found to be not entitled for release. Accordingly, the representation of the petitioner seeking release was rejected by the said order dated 13th July, 2011. The said order dated 13th July, 2011 is not supported by any reasons.
4. Taking into account the long period of custody suffered, if the petitioner is entitled to remission or release under any provision of law or Executive Order, as may be in force, his case has to be considered and an appropriate decision has to be arrived at after considering the entitlement of the petitioner. As the order dated 13th July, 2011 is not supported by any reasons we set aside the said order dated 13th July, 2011 and require the concerned Authority in the State Government i.e. State of Uttar Pradesh to consider the case of the petitioner for release/remission under any law/executive scheme/order, as may be in force and thereafter pass a reasoned order in the matter. Such decision of the concerned Authority will be made within a period of four weeks from the date of receipt of a copy of this Order.
5. The writ petition is disposed of in the above terms.
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