LAWS(SC)-2009-9-102

RAMESH CHANDER YADAV Vs. STATE OF U.P.

Decided On September 07, 2009
Ramesh Chander Yadav Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Petitioner 1, Ramesh Chandra Yadav and Petitioner 2, Chandra Bhal were released on remission by virtue of the orders passed by the Governor of Uttar Pradesh on 26-1-2000. Subsequently, the orders of remission passed by the Governor were set aside by a Division Bench of the High Court of Judicature of Allahabad. Consequently, the petitioners were taken in custody.

(2.) The learned counsel for the petitioners submits that Petitioner 1 has already completed 21 years, 1 month and 20 days without remission and Petitioner 2 has already completed 17 years, 6 months and 16 days without remission, and therefore they may now be released. It is pointed out that in similar circumstances, a number of convicts who had undergone actual sentence of 14 years were directed to be released forthwith by this Court. One of such orders was passed on 9-5-2006 in Dharam Pal v. State of U.P., 2013 9 SCC 798,

(3.) Following the said orders, with respect, we direct the Superintendent of Jail, District Unnao to release the petitioners who are undergoing life imprisonment forthwith, if not required in any other case(s) upon verification of their identity. A copy of this order be sent to the Superintendent of Jail, District Unnao.