Lale Vs. State of U.P. - Court Judgment

Excerpt:
- [b.c. ray and; m.p. thakkar, jj.] -- criminal procedure code, 1973 — sections 432 mid 433-a — life convict claiming to be in jail for more than 23 years including remission — normally entitled to premature release under relevant rules — but his claim being still unconfirmed. state government directed to consider his case of premature release within four weeks and pass a reasoned order within eight weeks from the date of the present order -- we would impress upon the state government the necessity to consider the case of the convict with expedition and pass appropriate orders in view of the facts and circumstances of the case. in case the convict is not released latest by december 20, 1986, the matter will be listed before this court on january 13, 1987 upon learned counsel for the petitioner filing a note in this behalf if convict is not released. if the convict has already been released and no note is filed before january 13, 1987, the writ petition will stand disposed of.b.c. ray and; m.p. thakkar, jj.1. it appears that the petitioner is in jail since january 10, 1969 and is undergoing a sentence of imprisonment for life imposed on him by the competent court. it would appear from the averments made in the petition that he has remained in jail for more than 23 years including the remission. the period already spent is long enough to entitle him to avail of the provisions for securing his premature release as per the relevant rules. though a notice was issued to the state government and it has been served, learned counsel for the state is not in a position to furnish the necessary details. he is not even in a position to say whether the facts stated in the petition are true or whether his case was considered by the competent authority. we would have straightway proceeded to direct the state government to release him but for the fact that we are not sure whether the averments made in the petition are correct. under the circumstances, we direct the state government to consider the case of the convict, lale for premature release, within four weeks from today and pass appropriate orders by a reasoned order in any case within eight weeks from today. we would impress upon the state government the necessity to consider the case of the convict with expedition and pass appropriate orders in view of the facts and circumstances of the case. the respondent shall place on record the outcome of the proceedings by filing a note before january 13, 1987. in case the convict is not released latest by december 20, 1986, the matter will be listed before this court on january 13, 1987 upon learned counsel for the petitioner filing a note in this behalf if convict is not released. if the convict has already been released and no note is filed before january 13, 1987, the writ petition will stand disposed of.