Vareesh vs. The State Of Uttar Pradesh
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble J.B. Pardiwala
Stage:
AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Disposed off
Listed On:
8 May 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
83946/2022,83947/2022,86545/2022,
Original Order Copy
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Order Text
ITEM NO.22 COURT NO.3 SECTION X
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition (Criminal) No.236/2022
VAREESH & ORS. Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
(With IA No.86545/2022 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT, IA No.83947/2022 - EXEMPTION FROM FILING O.T. and IA No.83946/2022 - GRANT OF BAIL)
Date : 05-08-2022 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE J.B. PARDIWALA
| For Petitioner(s) | Mr. Lok Pal Singh, Sr. Adv.<br>Mr. Nagendra Singh, Adv.<br>Mr. Ashish Pandey, Adv.<br>Ms. Akansha, Adv.<br>Dr. Amardeep Gaur, Adv.<br>M/s. V. Maheshwari & Co. |
|---|---|
| For Respondent(s) | Ms. Garima Prasad, Sr. Adv. |
Mr. Vishnu Shankar Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R
- 1 The petitioners are undergoing the sentence of imprisonment for life, following their conviction for offences punishable under Section 302 of the Indian Penal code and cognate provisions.
- 2 Invoking the jurisdiction of this Court under Article 32 of the Constitution, the petitioners have sought to challenge the policy dated 28 July 2021 of the Government of Uttar Pradesh in terms of which a bar was imposed on considering applications for premature release of male convicts undergoing a sentence of imprisonment for life who had not attained the age of 60 years. The bar which was imposed by the policy dated 28 July 2021, has since been lifted by the Government of Uttar Pradesh on 27 May 2022.
- 3 In the counter affidavit, which has been filed by the State of Uttar Pradesh, the details of the petitioners together with the sentence which has been undergone are tabulated as follows:
| S.N | Name | Case Crime No. | Sentence | Custody<br>Certificate<br>Date | |
|---|---|---|---|---|---|
| Actual | Total | ||||
| 1 | Vareesh | ST No.374/2004 in FIR<br>No.116/2004, P.S. Kotwali<br>District Bijnor | 16Y<br>02M<br>29D | 20Y<br>07M<br>20D | 06.02.2022 |
| 2 | Rajesh | ST No.499/2002 in FIR<br>No.61/2002, P.S. Datagunj<br>District Badaun | 14Y<br>10D | 18Y<br>05M<br>21D | 03.12.2021 |
| 3 | Shivdayal | ST No.499/2002 in FIR<br>No.61/2002, P.S. Datagunj<br>District Badaun | 14Y<br>01M<br>11D | 18Y<br>06M<br>22D | 03.12.2021 |
| 4 | Ram<br>Kishan | ST No.474/2006 in FIR<br>No.898/2006, P.S. Mandi<br>Dhanora District JP Nagar | 14Y<br>08M<br>18D | 18Y<br>08M<br>28D | 07.05.2021 |
|---|---|---|---|---|---|
| 5 | Indravir | ST No.209/1996 in FIR<br>No.19/1996,<br>P.S.<br>Nagla<br>Khagra District Firozabad | 13Y<br>07M<br>04D | 17Y<br>11M<br>21D | 12.01.2022 |
| 6 | Udham<br>Singh | ST No.209/1996 in FIR<br>No.19/1996,<br>P.S.<br>Nagla<br>Khagra District Firozabad | 13Y<br>07M<br>08D | 17Y<br>01M<br>26D | 14.01.2022 |
| 7 | Pappu | ST No.1686 & 1687/2008 in<br>FIR No.222 & 224/2004, P.S.<br>Hastinapur District Meerut | 13Y<br>01M<br>27D | 16Y<br>09M<br>08D | 29.11.2022 |
| 8 | Kalloo | ST No.243/1999 in FIR<br>No.68/1998, P.S. Barsana<br>District Matura | 15Y<br>07M<br>27D | 19Y<br>03M<br>27D | 22.10.2021 |
- 4 The case of the petitioner Nos 1, 5, 6 and 8 has been forwarded for consideration for premature release. Petitioner Nos 2 and 3 have not yet completed the minimum years of imprisonment to be eligible for consideration for premature release. However, it has been stated that their case for premature release shall be duly considered after they complete the minimum years of imprisonment as stipulated in the policy. Petitioner Nos 4 and 7 have already been released on 5 July 2022 and 18 July 2022 respectively.
- 5 In the above backdrop, the case of petitioner Nos 1, 5, 6 and 8 for premature release shall be considered in accordance with law within a period of two months from the date of this order. The case of petitioner Nos 2 and 3 shall
be duly considered upon their completing the minimum imprisonment of fourteen years as stipulated in the policy.
- 6 The Petition is accordingly disposed of.
- 7 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (RAM SUBHAG) A.R.-cum-P.S. Court Master