HARISH SINGH ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was convicted for an offence under Section 302/34 of I.P.C. and he was sentenced for life by learned Session Judge, Bageshwar vide order dated 24.12.2008. He moved an application for parole/interim bail for two months, which was sent by Superintendent District Jail, Dehradun vide letter dated 17.09.2019 to the High Court Legal Service Committee.

(2.) In his letter, petitioner has stated that he remained in custody during trial between 21.03.2008 to 23.12.2008 and after his conviction he is continuously in jail since 24.12.2008. As per the Jail Custody Certificate issued by Superintendent District Jail, Dehradun, the actual sentence undergone by the petitioner till 12.09.2019 was 11 years, 5 months and 22 days. It further indicates that if the total remission earned by the petitioner is added then the sentence undergone with remission by the petitioner, as on 12.09.2019 is 14 years, 10 months and 10 days. The said certificate further indicates that conduct and behavior of the petitioner has been excellent in jail.

(3.) Petitioner has sought parole for a period of two months for the purpose of repairing his ancestral house, which, according to him, is in a dilapidated condition. Petitioner has stated that his ancestral house is in a state of disrepair and has become unfit for human habitation and his wife and children are not in a position to get it reconstructed. He has further stated that earlier he had made applications to the District Magistrate from time to time seeking parole, however, he was denied parole merely by observing that petitioner's presence in his ancestral village would create law and order problem and petitioner may also commit some offence.