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Uttarakhand High Court

CRLA/720/2023 on 16 October, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
        Date         or directions and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                         Signatures
      16.10.2020
                                            IA No.4 of 2025 (Short Term Bail Application)
                                            In
                                            CRLA 720 of 2023
                                            Hon'ble G. Narendar, C.J.

Hon'ble Subhash Upadhyay, J.

Mr. Piyush Sammal, learned counsel for the appellant/applicant.

2. Mr. J. S. Virk, learned Deputy Advocate General along with Mr. Rakesh Joshi, learned Brief Holder for the State.

3. The Application for short term bail is preferred seeking for release of the applicant/ convict on the ground of performance of last customary rites of his brother, who expired on 12.10.2025 (certified copy of the death certificate is enclosed with the short term bail application).

4. Learned Deputy Advocate General would take this Court through Rule 504 of the Uttarakhand Jail Manual (Rules), 2023, which deals with 'Parole & Furlough'. Rule 504(ii) deals with objectives of releasing a prisoner on parole and furlough, and the same are detailed in clauses (a) to (h). Rule 504(ii)(c) enables the authorities to release the prisoner on parole or furlough to maintain and develop his self- confidence.

5. Learned Deputy Advocate General would further take this Court through Rule 512 of the Uttarakhand Jail Manual Rules, 2023 to contend that such applications are to be placed before the competent Authority, i.e. I.G. (Prisons), and the competent Authority is required to consider the release of the convict in terms of the provisions of Rule 512 of the Uttarakhand Jail Manual Rules, 2023.

6. In that view, the Short Term Bail Application is disposed of by granting liberty to the applicant / appellant to submit an Application to the competent Authority / I.G. (Prisons), and if such an Application for release on parole on the ground of performance of last customary rites of his deceased brother is preferred by the applicant / convict, the same shall be considered and disposed of by the competent Authority within one week.

7. In the event such application is rejected, it is open to the applicant/ appellant to seek remedy in accordance with law.

8. Registry to forward the copy of this order to the competent authority by Email and with a copy to the learned Deputy Advocate General.

9. In view of the short window of time available, we request the learned Deputy Advocate General to communicate the orders.

10. List this case on 04.11.2025.

(Subhash Upadhyay, J.) (G. Narendar, C.J.) 16.10.2025 16.10.2025 KK/SS