KRISHNA MOHAN TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been filed by the petitioner seeking the following reliefs:

(2.) It is argued by learned counsel for the petitioner that since the marriage of the daughter of convicts is scheduled on 15/4/2019, hence, 30 days' parole/short term bail may be granted to both the convicts (Shri Amarmani Tripathi and Smt. Madhumani Tripathi).

(3.) On the other hand, learned Government Advocate, appearing for the State, argued that both the convicts are languishing in Gorakhpur Jail which falls within the territories of the State of Uttar Pradesh, and thus, both the convicts have a right to seek their grievance before the State of Uttar Pradesh. Moreover, the State of Uttarakhand Government has framed the Uttarakhand (Suspension of Sentences of Prisoners) Rules, 2017 (hereinafter to be referred as "the Rules of 2017"), under which a convicted prisoner has a right to move an application seeking parole. However, in the case in hand, none of the convicts has filed any application, either before the Commissioner of this State, as per the Rules of 2017 or before the State of Uttar Pradesh.