Uttarakhand High Court
CRLA/26/2024 on 4 June, 2025
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
04.06.2025 IA No. 02 of 2025
in
CRLA No. 26 of 2024
Hon'ble G. Narendar, C.J.
Hon'ble Alok Mahra, J.
1. Ms. Pushpa Joshi, learned Senior Counsel assisted by Ms. Chetna Latwal, learned counsel for the appellant/ applicant.
2. Sri J.S. Virk, learned Deputy Advocate General with Sri Rakesh Joshi, learned Brief Holder for the State of Uttarakhand.
3. IA No. 02/2025 is preferred for praying short-term bail. This Court has consistently been holding that the said relief is not permissible in the manner prayed for, and has been granting liberty to the applicants to move the Competent Authority. A similar application has been disposed of by this Court in CRJA No. 17/2023, vide order dated 12.02.2025, wherein it was observed as under :
"3. The Application for short term bail is preferred seeking for release of the applicant/ convict on the ground of marriage of his sister.
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 medical ground is preferred by the applicant / convict, the same shall be considered and disposed of by the competent Authority within one week from the date of its receipt.
7. In the event such application is rejected, it is open to the applicant/ appellant to seek remedy in accordance with law."
4. In that view of the matter, the instant application (IA No. 02/2025) also stands disposed of in terms of the order quoted supra.
5. The Competent Authority shall consider and dispose of IA No. 02/2025, as a Petition under 504 of the Uttarakhand Jail Manual (Rules), 2023, and pass orders, on or before 09.06.2025.
6. A copy of this order be communicated to the Competent Authority by way of e-mail. We also request the learned DAG to communicate a copy of this order to the Competent Authority. Copy of this order to be given free of cost to the learned DAG.
(Alok Mahra, J.) (G. Narendar, C.J.)
04.06.2025 04.06.2025
Rahul