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2021 Supreme(UK) 47

N.S.DHANIK
Akhil Agarwal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bhuwanesh Joshi.
For the Respondent: Ms. Mamta Joshi.

JUDGMENT :

N.S. DHANIK, J.

1. Facts of the case are such that the petitioner has been convicted, inter-alia, for the offence under Section 120B read with Section 364A IPC and he is presently serving out the sentence of life imprisonment. His conviction and sentence have been affirmed by this Court and presently his SLP against the said conviction is pending before the Hon’ble Apex Court.

2. Petitioner has moved an application from jail seeking parole of three months and the same has been registered as present criminal writ petition. Parole has been sought on the ground that the petitioner’s wife is suffering with depression and alzheimer’s disease and there is no one to look after both the children of the petitioner. Petitioner has also stated that his father is around 80 years old and his mother is about 75 years old and both are suffering from several critical diseases including the serious heart ailments. It is also stated that the petitioner himself is also suffering from several serious diseases. Various medical papers of the different hospitals have also been annexed.

3. Petitioner twice moved application seeking parole on the aforementioned grounds but his applications were reje

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