WPCRL/17/2019 of ANOOP SINGH ALIAS APPU Vs STATE OF UTTARAKHAND

Hon’ble Lok Pal Singh, J.

Mr. Chitrarth Kandpal, Amicus Curiae for the petitioner.

Mr. S.S. Adhikari, A.G.A. with Mr. P.S. Uniyal, Brief Holder for the State.

This writ petition has been registered on the basis of letter received from Superintendent, District Jail, Haridwar, whereby prayer has been made by the convict to release him on parole for period of two months.

The convict is serving the sentence of imprisonment for life under Section 302/34 of IPC after his appeal has been dismissed by this Court as well as by the Hon’ble Supreme Court.

Application for parole has been filed by the convict on the ground of illness of his father. It is submitted that his father is confined to bed and is suffering from various old age ailments and at the fag end of his father’s life, convict wants to spend some time with him.

Before submitting the parole application to this Court, the convict had also moved an application before the District Magistrate, Pauri Garhwal, seeking parole for 5 days. However, as no decision was taken by the District Magistrate, on the same, this Court, by order dated 11.01.2019, issued direction to the District Magistrate, Pauri Garhwal, to decide the application of the convict within period of 15 days. In compliance thereof, District Magistrate, Pauri Garhwal, took decision and rejected the parole application of the convict.

I have heard learned Amicus Curiae and learned A.G.A. as well as perused the order passed by District Magistrate, Pauri Garhwal.

On the application of the convict, the District Magistrate sough report from the S.S.P. Pauri. It is specifically mentioned in the said report that the convict tried to flee away on two occasions. Firstly, on 11.04.2004 when he was in judicial custody and was under medical treatment, he fled away from the hospital but was apprehended, whereafter criminal case was registered against him in which by the order of C.J.M. Pauri he has been convicted and sentenced for period of two years. Secondly, on 07.08.2006 at the time of his appearance before the trial court, he managed to flee away, wherefor also criminal case was registered against him wherein he was convicted and sentenced for two years by order dated 02.07.2009 passed by C.J.M., Pauri Garhwal.

In the above facts and circumstances, it appears to this Court that the convict is in the habit of fleeing away from judicial custody. Thus, looking to the conduct and past history of the convict, this Court does not think it fit to release the convict on parole. That apart, the Court finds that the application for parole has been filed on the ground of illness of his father, however, no medical certificate or record has been enclosed in support thereof.

For the reasons recorded above, parole application is dismissed. Consequently, writ petition is also dismissed.

Let copy of this order be sent to Superintendent, District Jail, Haridwar, for information.