Surendra vs State Of U.P. & Anr on 15 January, 2008

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Supreme Court of India
Surendra vs State Of U.P. & Anr on 15 January, 2008
Bench: Cji K.G. Balakrishnan, R.V. Raveendran
           CASE NO.:
WRIT PETITION (CRL).  195 of 2006

PETITIONER:
SURENDRA

RESPONDENT:
STATE OF U.P. & ANR

DATE OF JUDGMENT: 15/01/2008

BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN

JUDGMENT:

JUDGMENT
O R D E R

WRIT PETITION (CRL).NO.195 OF 2006

Issue Rule.

Heard learned counsel for the parties.

The petitioner who was sentenced to undergo life imprisonment by
Judgment dated 7.5.1984 of the Allahabad High Court was released on 26.1.2000 on
remission granted by the Governor of Uttar Pradesh by Orders dated 12.1.2000 and
25.1.2000. Thereafter, the orders of remission passed by the Governor was set aside by
the Division Bench of the High Court of Judicature at Allahabad in its order dated
27.9.2001 and the petitioner was re-arrested.
The petitioner has submitted that as he has already completed 14 years of
imprisonment on 26.1.2000, without remission, he may be released. The learned counsel
for respondents confirmed the said position. In similar circumstances, this Court had
passed orders to release such persons.

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We, therefore, direct that the petitioner be released from custody forthwith
as he has already completed 14 years of imprisonment, if not required in any other case.
The writ petition is disposed of accordingly.

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