IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Writ Petition No.1183 of 2024

Angrej Singh ......Petitioner

Versus

State of Uttarakhand &Others ..Respondents

Presence

Mr. Siddhartha Sah, learned counsel for the Petitioner. Mr. Girish Chandra Joshi, learned A.G.A. for the State.

Mr. Sanpreet Singh Ajmani, learned counsel for the

Respondent nos.5 & 6.

Hon’ble Ashish Naithani, J.

1. This Criminal Writ Petition has been filed under Article 226

of the Constitution of India seeking direction to the District Magistrate, Udham Singh Nagar, to cancel the parole granted to respondents 5 and 6 (Manveer Singh and Jagveer Singh) and further seeking direction for future compliance with proper norms and

procedures in granting parole to convicted persons.

2. The genesis of the present petition traces back to an incident

that took place on 17th July 2015, resulting in the murder of one Jaimal Singh, the father of the present Petitioner, thereby giving rise to the registration of FIR No. 124 of 2015 at Police Station Sitarganj, District Udham Singh Nagar, under Sections 147, 148, 149, 302, 307,

504, and 506 of the Indian Penal Code.

3. The investigation in the aforesaid FIR culminated in the

filing of a chargesheet dated 10^th October 2015 against seventeen accused persons, including the present respondents 5 and 6, under Sections 302, 307, 504, 506 read with Section 34 of the Indian Penal

Code. The trial commenced on the basis of the said chargesheet.

4. While the trial in FIR No. 124 of 2015 was pending, another incident occurred on 7th January 2018 during a Nagar Kirtan at Sitarganj. According to the Petitioner, seven persons, including three accused named in FIR No. 124 of 2015, allegedly came to the spot with the premeditated intention of eliminating the Petitioner and other witnesses. In the course of the occurrence, two associates of the Petitioner, namely Daljeet Singh and Harbans Singh, were murdered, and a witness, Rajvinder Singh, sustained serious injuries. The said incident led to the registration of FIR No. 10 of 2018 at Police Station Sitarganj.

5. The trial court, vide its judgment dated 16th April 2019, convicted all accused persons in FIR No. 124/2015 and sentenced them to life imprisonment. Similarly, the trial in FIR No. 10/2018 also resulted in the conviction of all seven accused persons for life, as per the judgment and order dated 16th March 2023 passed by the 2^nd Additional Sessions Judge, Rudrapur, Udham Singh Nagar.

6. The Petitioner has further brought to the notice of this Court that in the year 2020, certain accused persons were granted short-term bail for a single day. Jagtar Singh and Tahal Singh were released pursuant to an order dated 7th July 2020 to attend the last rites of Jagtar Singh’s mother and Tahal Singh’s grandmother, while Gurdev Singh was released pursuant to an order dated 6th August 2020 to attend the last rites of his mother. The said releases were permitted only under strict police custody and for a limited duration between

9:00 a.m. and 6:00 p.m.

7. The immediate cause for the present petition arose when the Jail Superintendent, Sampurnanand Civil, Sitarganj, submitted an application for parole on 18th September 2024 before the District Magistrate, Udham Singh Nagar. The District Magistrate recommended the application on 28th September 2024, pursuant to which parole was granted to Manveer Singh and Jagveer Singh (respondents 5 and 6) for the period from 21st September 2024 to 6th October 2024, to enable them to attend the terhvi (thirteen-day mourning ceremony) of their sister.

8. The Petitioner attempted to secure a copy of the parole order under the Right to Information Act, but the Jail Superintendent denied the same on the grounds that it constituted third-party information. The Petitioner has challenged this denial and the manner in which parole was granted without following proper procedures.

9. Learned counsel for the Petitioner has vehemently contended that the grant of parole to respondents no. 5 and 6 is w