WPCRL/1127/2022 of WASEEM KHAN Vs THE STATE THROUGH PRINCIPLE SECRETARY HOME U.K.

Court: Uttarakhand High Court
Decision date: 2022-07-06
Case number: 1127 of 2022

Parties

WPCRL/1127/2022 of WASEEM KHAN (PETITIONER)
THE STATE THROUGH PRINCIPLE SECRETARY HOME U.K. (RESPONDENT)

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IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE THE CHIEF JUSTICE SRI VIPIN SANGHI AND THE HON’BLE SRI JUSTICE R.C. KHULBE

WRIT PETITION (CRL) NO. 1127 OF 2022

06[TH ]JULY, 2022

BETWEEN:

Waseem Khan …..Petitioner.

And

State through Principal Secretary, Home, U.K. & others

….Respondents.

Counsel for the Petitioner Counsel for the Respondents

: Mr. Priyanshu Gairola, learned counsel.

: Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State.

The Court made the following:

JUDGMENT:(per Hon’ble The Chief Justice Sri Vipin Sanghi)

The petitioner seeks direction to the respondents to release him on parole for period of fifteen days to attend the Aqiqah ceremony of his son.

2. The petitioner’s request for parole has been rejected by the respondents on the ground that under the Rules, Aqiqah is not enumerated as ceremony for which parole could be applied.

3. We observe that under the Rules, there is no prohibition against grant of parole for the aforesaid reason. That apart, the Superintendent of Police (Crime), Dehradun has also given his no objection for release of the petitioner on

parole for the period of fifteen days, so that, he could make arrangements and attend the Aqiqah ceremony of his son.

4. Mr. J.S. Virk, the learned Deputy Advocate General, states that the last time, when the petitioner was released on parole, was in the year 2017.

5. Since five years have elapsed since then, we are inclined to allow the present writ petition. Accordingly, we allow the present writ petition, and direct that the petitioner be released on parole for period of fifteen days to enable him to attend the Aqiqah ceremony of his son upon his furnishing his personal bond with two sureties to the satisfaction of the Trial Court concerned. The period of parole shall be counted from the date of his release.

Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.)