SHARAFAT ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked under Article 32 of the Constitution for the enforcement of the right under Article 21 of the Constitution, following an order dated 30 July 2021 rejecting the application of the petitioner for premature release.

(2.) The petitioner has been convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 [ "IPC "] on 17 January 2005 and sentenced to life imprisonment. The judgment of the trial Judge was affirmed in appeal by the High Court of Judicature at Allahabad on 3 June 2016. The Special Leave Petition under Article 136 of the Constitution was dismissed by this Court on 20 April 2018.

(3.) The petitioner had undergone 17 years, 9 months and 26 days of imprisonment and submitted an application for premature release. The application for premature release was rejected on 30 July 2021. The order communicating the rejection of the application which has been passed by the State government records that the District Magistrate and the Superintendent of Police Amethi had in their report stated that if the petitioner is released prematurely, the possibility that this may cause resentment among the side of the victim cannot be ruled out nor can the possibility of an offence being committed again by the petitioner be excluded. The order also states that the petitioner has an "extremist nature " and the presence of bitterness among the parties cannot be denied.