Allahabad High Court
Sohrab Thru. His Daughter Nazreen Bano vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 19 October, 2022
Bench: Rajan Roy, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7549 of 2022 Petitioner :- Sohrab Thru. His Daughter Nazreen Bano Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Vivek Tripathi Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard.
By means of this petition, the petitioner has challenged the order of the State Government rejecting the application of the petitioner for being released on parole so as to facilitate his presence at the marriage ceremony of his daughter which is to be solemnized on 31.10.2022.
The order by which the application of petitioner has been rejected has been placed before us by Mr. Shiv Nath Tilhari, learned AGA it is dated 06.10.2022, the same is taken on record. The rejection is only on the ground that the release of petitioner on parole has not been recommended by the Superintendent of Police, Amethi and District Magistrate, Amethi. The report of the District Magistrate, Amethi dated 29.08.2022 is annexed with the petition which mentions only one criminal case against the petitioner bearing Sessions Trial No. 240 of 1985, under Sections 147, 148, 149, 302 IPC wherein he has been convicted and the conviction has been sustained upto Hon'ble the Supreme Court of India. The report mentions that the brother of the petitioner is in jail in connection with the same case as referred hereinabove. Petitioner had been released on parole thrice and had not misused the same. The report of the District Magistrate mentions about law and order problem if the petitioner is released on parole. On the same lines, the Superintendent of Police, Amethi has sent his report dated 21.08.2022 which is also on record.
As already noticed in the earlier order of this Court marriage of daughter of the petitioner is to be solemnized on 31.10.2022 and this fact is admitted to the opposite parties.
In this view of the matter, we are of the opinion that the petitioner shall be taken in police custody for attending the marriage ceremony of his daughter from 30.10.2022 at 10 AM and he shall be brought back to the jail on 01.10.2022 by 12.00 PM.
It is directed that the police shall remain present with the petitioner and shall ensure his return to the jail within the aforesaid time so as to serve out the sentence awarded to him.
The writ petition is disposed of in the aforesaid terms.
Learned AGA shall communicate this order to the Superintendent of Police, Amethi and the Superintendent, District Jail, Sultanpur where the petitioner is lodged, for compliance.
[Sanjay Kumar Pachori, J.] [Rajan Roy, J.] Order Date :- 19.10.2022 Santosh/-