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2006 DIGILAW 591 (SC)

Dharam Pal v. State of Uttar Pradesh

2006-05-09

D.K.JAIN, K.G.BALAKRISHNAN

body2006
ORDER : Special Leave Petition (Crl.) No. 553 of 2006 Delay condoned. Petitioner 1, Dharam Pal, s/o Shri Banwari; Petitioner 2, Rameshwar, s/o Shri Bihari; Petitioner 3, Ram Pal, s/o Shri Khyali Ram; Petitioner 4, Udal, s/o Shri Laltu; Petitioner 5, Ishwari, s/o Ram Sahai; Petitioner 6, Md. Hussain, s/o Shri Abdul Rahman; Petitioner 7, Ajudhi, s/o Shri Dhakan; Petitioner 8, Kewal, s/o Shri Dori; Petitioner 9, Jaijai Ram, s/o Shri Hansa and Petitioner 10, Jhaman, s/o Shri Prasadi Lal; Petitioner 11, Chhote Lal, s/o Shri Tularam and Petitioner 12, Vinod Kumar, s/o Shri Shyam Lal, all were released on orders of remission passed by the Governor of Uttar Pradesh as on 26-1-2000. Subsequently, the orders of remission passed by the Governor were set aside by the Division Bench of the High Court of Judicature of Allahabad. 2. The counsel for the petitioners submit that these petitioners nave already completed 14 years of imprisonment as on 26-1-2000, so they may be released. In similar circumstances, we had passed orders to the effect that they shall be released from jail forthwith and shall not be arrested, if not required in any other case(s). In the result, we direct the Superintendent of Central Jail, Bareilly (U.P.) to release these petitioners forthwith who are undergoing life imprisonment, if not required in any other case(s) on verifying their identity. A copy of this order be sent to the Superintendent, Central Jail, Bareilly (U.P.). 3. The special leave petition as against these petitioners is disposed of accordingly. As regards the other petitioners, the matter stands adjourned. Special Leave Petition (Crl.) No. 5276 of 2005 4. Delay condoned. Petitioner 1, Jumma alias Jamuna Prasad, s/o Shri Badlii; Petitioner 2, Munna Lal, s/o Shri Natthi Lal; Petitioner 3, Dori Lal, s/o Shri Prema; Petitioner 4, Pritam Singh Yadav, s/o Shri Raja Ram Yadav, all were released on orders of remission passed by the Governor of Uttar Pradesh as on 26-1-2000. Subsequently, the orders of remission passed by the Governor were set aside by the Division Bench of the High Court of Judicature of Allahabad. 5. The counsel for the petitioners submit that these petitioners have already completed 14 years of imprisonment as on 26-1-2000, so they may be released. Subsequently, the orders of remission passed by the Governor were set aside by the Division Bench of the High Court of Judicature of Allahabad. 5. The counsel for the petitioners submit that these petitioners have already completed 14 years of imprisonment as on 26-1-2000, so they may be released. In similar circumstances, we had passed orders to the effect that they shall be released from jail forthwith and shall not be arrested, if not required in any other case(s). In the result, we direct the Superintendents of Central Jail, Fatehgarh and Agra (U.P.) respectively to release these petitioners forthwith who are undergoing life imprisonment, if not required in any other case(s) on verifying their identity. A copy of this order be sent to the Superintendents, Central Jail, Fatehgarh and Agra (U.P.). 6. The special leave petition is disposed of accordingly. Special Leave Petition (Crl.) No. 554 of 2006 7. Delay condoned. Petitioner 5, Chandrapal, s/o Shri Ram Lal; Petitioner 6, Udayveer Singh, s/o Shri Chhote Singh; Petitioner 7, Gopal, s/o Shri Parshadi; Petitioner 8, Shivram Singh, s/o Shri Badam Singh; Petitioner 9, Jagdish, s/o Gauri Shankar; Petitioner 10, Suresh, s/o Shri Jamuna Prasad; Petitioner 11, Ramdas, s/o Shri Leeladhar; Petitioner 13, Ratan, s/o Shri Gaurishankar; Petitioner 14, Gulab, s/o Shri Shiv Lal; Petitioner 15, Manohar, s/o Shri Gokul; Petitioner 16, Jailal, s/o Shri Sohan; Petitioner 17, Mohan, s/o Shri Devi; Petitioner 18, Krishna Nand, s/o Shri Jamadar; Petitioner 20, Sher Bahadur alias Khuni, s/o Shri Lal Singh; Petitioner 21, Chandrapal, s/o Shri Narayan Singh; Petitioner 22, Shri Babu, s/o Shri Gayaram; Petitioner 23, Omprakash, s/o Shri Saktu; Petitioner 25, Thanedar, s/o Shri Lakhpati and Petitioner 26, Chhotkau, s/o Shri Ganesh, all were released on orders of remission granted by the Governor of Uttar Pradesh as on 26-1-2000. Subsequently, the orders of remission passed by the Governor were set aside by the Division Bench of the High Court of Judicature of Allahabad. 8. The counsel for the petitioners submit that these petitioners have already completed 14 years of imprisonment as on 26-1-2000, so they may also be released. In similar circumstances, we had passed orders to the effect that they shall be released from jail forthwith and shall not be arrested, if not required in any other case(s). 8. The counsel for the petitioners submit that these petitioners have already completed 14 years of imprisonment as on 26-1-2000, so they may also be released. In similar circumstances, we had passed orders to the effect that they shall be released from jail forthwith and shall not be arrested, if not required in any other case(s). In the result, we direct the Superintendent of Central Jail, Fatehgarh (U.P.) to release these petitioners forthwith, who are undergoing life imprisonment, if not required in any other case(s) on verifying their identity. A copy of this order be sent to the Superintendent, Central Jail, Fatehgarh (U.P.). 9. The special leave petition as against these petitioners is disposed of accordingly.