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2018 DIGILAW 1883 (SC)

Firoz Tayyab Tanasha v. State Of Uttar Pradesh

2018-11-15

DEEPAK GUPTA, HEMANT GUPTA, KURIAN JOSEPH

body2018
JUDGMENT Kurian, J. - This is a writ petition for pre-mature release of the petitioner. The petitioner has served more than 16 years of actual period in jail and with remission, around 20 years. The State, having regard to the conduct of the petitioner, has recommended the premature release of the petitioner. However, the State requires a report from the District Magistrate, Thane, for which the petitioner has to submit an application in Form A. 2. The petitioner is directed to submit Form A application within two weeks from today and thereafter, the application shall be duly forwarded to the District Magistrate, Thane, who shall examine the case and submit his report to the competent authority under the first respondent and thereafter, the first respondent will pass appropriate orders in accordance with law. 3. The interim release granted to the petitioner will continue until further orders and it will depend on the final orders to be passed by the State Government. 4. We make it clear that pending proceedings, as above, shall not come in the way of the State considering the petitioner for permanent release on 26 th January, 2019 in case he is otherwise eligible. 5. In view of the above, the writ petition is disposed of.