ORDER Writ Petition (Crl) No. 162/2019 (Nisar v State of Uttar Pradesh & Ors). WP (Crl.) No 536 of 2021 (Vivek Sharma v State of Uttar Pradesh & Anr) and WP(Crl) No 428 of 2021 (Zakir v State of Uttar Pradesh & Anr) 1. The petitioner (Nisar) in Writ Petition (Crl) No 162 of 2019 has been convicted for offences punishable under Sections 302, 307, 148 and 332 read with Section 149 of the Indian Penal Code I860[1] in Sessions Trial No 245 of 1989. The order of conviction was confirmed by the High Court by a judgment dated 20 May 1994. However, the sentence was commuted to life imprisonment. The petitioner has undergone imprisonment for a term of over 31 years with remission. [1] "IPC" 2. The petitioner (Vivek Sharma) in Writ Petition (Crl) No 536 of 2021 has been convicted for offences punishable under Sections 302, 149, 201, 411 and 120B of IPC in Sessions Trial No 292 of 2006. The order of conviction was confirmed by the High Court. The petitioner has undergone imprisonment for a term of over 16 years without remission and 21 years and 4 months with remission. 3. The petitioner (Zakir) in Writ Petition (Crl) No 428 of 2021 has been convicted for offences punishable under Sections 302, 307, 148 and 149 of IPC in Sessions Trial No 623 of 2001. The order of conviction was confirmed by the High Court. The petitioner has undergone imprisonment for a term of over 20 years and 1 month without remission and 25 years and 3 months without remission. 4. In the present batch of petitions, the petitioners seek pre-mature release. 5. In Dev Nath Singh v State of U P[2], a two-Judge Bench of this Court passed the following order on 21 February 2022: "Respondent-State of Uttar Pradesh has filed counter affidavit inter alia stating as under: "23. The Government of Uttar Pradesh on 16.12.2021 has decided that the prisoners convicted and undergoing sentence for life imprisonment who were earlier eligible for consideration under the unamended premature release jail policy dated 01.08.2018,will still be considered for eligibility for premature release as per their eligibility before introduction of policy dated 28.07.2021." In view of the above, we direct the respondent to consider the case of the petitioner of pre mature release accordingly, within three months. Writ Petition is disposed of accordingly.
Writ Petition is disposed of accordingly. Pending applications, if any, also stand disposed of." [2] Writ Petition (Crl.) No 528 of 2021 6. A similar order was passed by this Court on 11 March 2022 in Rajkumar v The State of Uttar Pradesh[3] in the following terms: "1. An affidavit has been filed by the Superintendent of Jail, District Jail, Ghaziabad, inter alia, stating that: "The Government of Uttar Pradesh on 16.12.2021 has decided that the prisoners convicted and undergoing sentence for life imprisonment who were earlier eligible for consideration under the unamended premature release jail policy dated 01.8.2018, will still be considered for eligibility for premature release as per their eligibility before introduction of policy dated 28.07.2021. 2. Mr Nagendra Singh, counsel appearing on behalf of the petitioners, states that the above clarification would resolve the grievance of the petitioners and their representations may now be directed to be considered by the competent authority expeditiously. 3. Ms Preetika Dwivedi, counsel appearing on behalf of the respondents, states that if the petitioners submit fresh representations, the representations shall be considered within a period of three months. 4. We accordingly permit the petitioners to submit representations for their release. The representations shall be considered and disposed of in terms of the statement which has been made in the counter affidavit expeditiously and orders communicated in any event within a period of three months of the date of receipt of a certified copy of this order by the competent authority. 5. The petition is accordingly disposed of in the above terms. 6. Pending application, if any, stands disposed of." [3] Writ Petition (Criminal) No 36 of 2022 7. In view of the above orders and since the State of Uttar Pradesh has filed counter affidavits in the above cases specifically clarifying the position as noted in the orders of this Court, we order and direct the respondents to consider the case of the petitioners for premature release within a period of three months in terms of the policy dated 1 August 2018. 8. The petitions are accordingly disposed of. 9. Pending application, if any, stands disposed of. IA No 67944 of 2022 in WP(Crl) No 428 of 2021 1. The petitioner (Zakir) seeks release for a short period in order to enable him to attend his daughter's wedding ceremony which is fixed on 10 and 11 May 2022.
8. The petitions are accordingly disposed of. 9. Pending application, if any, stands disposed of. IA No 67944 of 2022 in WP(Crl) No 428 of 2021 1. The petitioner (Zakir) seeks release for a short period in order to enable him to attend his daughter's wedding ceremony which is fixed on 10 and 11 May 2022. The petitioner is enlarged on bail for the period between 10 May 2022 and 17 May 2022 (inclusive of both days), subject to furnishing a personal release bond in the amount of Rs 25,000 and two sureties in the like amount. 2. The Standing Counsel for the State of Uttar Pradesh shall ensure that the order is communicated forthwith. 3. The application is disposed of.