SATYAVRAT RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajeev Chaddha, learned counsel for the petitioner, Sri Manish Goyal, learned Addl. A.G. assisted by Sri A.K. Sand for the State and Sri Sudhir Mehrotra for the subordinate court.

(2.) Admittedly the petitioner is in custody since 18.3.1998 in connection with Case Crime No. 1311/1997 under Sections 302/34/504/506 IPC, P.S. Cantt., Gorakhpur. He in above case was put on trial in S.T. No. 142/1988. During trial, he was bailed out by this Court on 9.7.2003 and released on 26.7.2003. Further, he was convicted and sentenced to life imprisonment on 16.6.2007. He preferred an appeal before this Court and was released on bail on 1.10.2012. His appeal finally came to be dismissed on 23.5.2014. He surrendered before the court below on 23.8.2014 and since then he is in jail and as on date has undergone incarceration of more than 17 years.

(3.) Upon completing 16 years of custody, the mother of the petitioner staked a claim for release of her son under Section 433 of the Code on 27.7.2019 before the State Government. But as the claim was not decided, petitioner preferred Criminal Misc. Writ Petition No. 22178/2019 which came to be disposed on 30.9.2019 with a direction to decide the claim within 3 months. Pursuant thereto, the claim came to be rejected on 2.3.2020, impugned in the present petition.