DHARMENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant Writ Petition (Crl) is preferred by the convict-Dharmendra, aged about 38 years, S/o Dhruv Singh, R/o Chakferi, P.S. Pantnagar, District Udham Singh Nagar, who came to be convicted by the judgment and order dtd. 30/4/2010 passed by the learned Additional Sessions Judge/ First Fast Track Court, Roorkee District Haridwar in Session Trial No. 92/ 2008, for the offences punishable under Ss. 364A, 302 and 201 I PC.

(2.) It is the case of the petitioner that he has been incarcerated for the last 17 years, thereby implying that he has been languishing in jail from the age of 20; that a policy has been framed by the State known as 'The Uttarakhand State (for sentence Pardon/ Premature release of convicted prisoners punished with sentence of imprisonment for life by the court) Permanent Policy, 2022; that the petitioner has undergone an actual sentence of 16 years 09 months and 05 days, i.e. almost 17 years as on today, yet his case has not been considered by the Competent Authority for premature release.

(3.) The issue is no more res integra. The Hon'ble Apex Court in IN RE: POLICY STRATEGY FOR GRANT OF BAIL, Suo Motu Writ Petition (Crl.) No. 04 of 2021 with Special Leave Petition (Crl.) 529 of 2021 has been pleased to issue certain directions. Paragraph nos. 21 and 22 reads as under :