Uttarakhand High Court
CRLA/311/2020 on 12 February, 2025
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
Short Term Bail (IA No. 3066 of 2023)
In
CRLA No.311 of 2020
H on'ble G. N a re nda r , C.J.
H on'ble Ashish N a it ha ni, J.
Mr. Rajendra Arya, learned counsel for the appellant.
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 that his father needs medical intervention, as he is suffering from paralysis.
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.
( Ashish N a it ha ni, J.) ( G. N a r e nda r , C.J.) 12.02.2025 12.02.2025 BS/SB