Diwakar Vs State of U.P. and 4 Others

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 377 of 2022

Petitioner :- Diwakar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Veer Singh Counsel for Respondent :- G.A.

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.

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The instant writ petition has been filed seeking following relief:

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"(i) Issue a writ, order or direction in the nature of mandamus to grant interim bail to the petitioner for 6 months, on the satisfaction of learned Additional Sessions Judge, J.P. Nagar in Sessions Trial No. 212 of 2000, under Sections 147, 148, 149, 302, 504 I.P.C., P.S. Rajabpur, District J.P. Nagar."

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It is admitted that the petitioner a convict has remained in jail over 16 years.

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Counsel for the petitioner states that this writ petition has been filed with a prayer for a mandamus for being granted short term bail as the marriage of the petitioner's daughter is to take place shortly. He has also relied upon an order passed by the Apex Court in a suo moto petition, wherein, it has been directed that the petitioner should apply for parole. Counsel for the petitioner also admits that an application for parole was moved through proper channel.

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Learned A.G.A. submits that he has instructions that the said bail application is pending consideration before the State Government.

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Be that as it may, the fact remains that since the petitioner is already availing the alternative remedy available to him, the instant writ petition is not maintainable. Even otherwise, there is no provision whereunder, the High Court in exercise of writ jurisdiction under Article 226 of Constitution of India, is entitled to issue a writ of mandamus for interim bail being granted to the petitioner.

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The writ petition is, accordingly, dismissed .

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Order Date :- 21.1.2022 Meenu

Diwakar v. State of U.P. and 4 Others

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Diwakar v. State of U.P. and 4 Others

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