JUDGMENT :

Pankaj Naqvi, J.

Heard Sri Rajeev Chaddha, learned counsel for the petitioner, Sri Manish Goyal, learned Addl. A.G. assisted by Sri A.K. Sand for the State and Sri Sudhir Mehrotra for the subordinate court.

1. The petitioner originally sought for quashing of an order dated 2.3.2020 (Annexure-4) passed by respondent no. 1 / State refusing to release the petitioner under Section 433 of the Code and also sought for quashing of order dated 29.1.2021 by way of an amendment application dated 01.02.2021 whereby request for release was again declined.

FACTUAL MATRIX

2. Admittedly the petitioner is in custody since 18.3.1998 in connection with Case Crime No. 1311/1997 under Sections 302/34/504/506 IPC, P.S. Cantt., Gorakhpur. He in above case was put on trial in S.T. No. 142/1988. During trial, he was bailed out by this Court on 9.7.2003 and released on 26.7.2003. Further, he was convicted and sentenced to life imprisonment on 16.6.2007. He preferred an appeal before this Court and was released on bail on 1.10.2012. His appeal finally came to be dismissed on 23.5.2014. He surrendered before the court below on 23.8.2014 and since then he is in jail and as on date has undergone incarcer