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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
WRIT PETITION (CRL). 195 of 2006
PETITIONER:
SURENDRA
RESPONDENT:
STATE OF U.P. & ANR
DATE OF
CASE NO.:
WRIT PETITION (CRL). 195 of 2006
PETITIONER:
SURENDRA
RESPONDENT:
STATE OF U.P. & ANR
DATE OF
JUDGMENT
: 15/01/2008
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN
JUDGMENT:
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN
JUDGMENT:
JUDGMENT
O R D E R
WRIT PETITION (CRL).NO.195 OF 2006
Issue Rule.
Heard learned counsel for the parties.
The petitioner who was sentenced to undergo life imprisonment by
Judgment dated 7.5.1984 of the Allahabad High Court was released on 26.1.2000 on remission granted by the Governor of Uttar Pradesh by Orders dated 12.1.2000 and
25.1.2000. Thereafter, the orders of remission passed by the Governor was set aside by the Division Bench of the High Court of Judicature at Allahabad in its order dated
27.9.2001 and the petitioner was re-arrested.
The petitioner has submitted that as he has already completed 14 years of imprisonment on 26.1.2000, without remission, he may be released. The learned counsel for respondents confirmed the said position. In similar circumstances, this Court had passed orders to release such persons.
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We, therefore, direct that the petitioner be released from custody forthwith as he has already completed 14 years of imprisonment, if not required in any other case.
The writ petition is disposed of accordingly.
WRIT PETITION (CRL).NO.195 OF 2006
Issue Rule.
Heard learned counsel for the parties.
The petitioner who was sentenced to undergo life imprisonment by
Judgment dated 7.5.1984 of the Allahabad High Court was released on 26.1.2000 on remission granted by the Governor of Uttar Pradesh by Orders dated 12.1.2000 and
25.1.2000. Thereafter, the orders of remission passed by the Governor was set aside by the Division Bench of the High Court of Judicature at Allahabad in its order dated
27.9.2001 and the petitioner was re-arrested.
The petitioner has submitted that as he has already completed 14 years of imprisonment on 26.1.2000, without remission, he may be released. The learned counsel for respondents confirmed the said position. In similar circumstances, this Court had passed orders to release such persons.
-2-
We, therefore, direct that the petitioner be released from custody forthwith as he has already completed 14 years of imprisonment, if not required in any other case.
The writ petition is disposed of accordingly.