IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 225 of 2010 Doji Ram S/o Nathhu Presently R/o District Jail Roshanabad Haridwar, Uttarakhand. ...…………. Petitioner Versus State of Uttarakhand. ...…………. Respondent Mr. Dinesh Chauhan (Amicus Curiae) for the petitioner Doji Ram. Mr. M.A. Khan, Brief Holder for the respondent State. Hon’ble Prafulla C. Pant, J. A petition dated 12.12.2009, was moved by the convict / detenue Doji Ram, addressed to the Registrar of the Supreme Court of India, praying that he is aged 70 years, and he has already served 20 years sentence in jail, as such, he be directed to be released. Said petition was transmitted to this Court by the Supreme Court of India vide its letter No. 2085/SC/PIL/2010 dated 16th of February 2010. On this, the petition is registered on judicial side under Section 482 of Cr.P.C., as per the order dated 15.03.2010, passed by Hon’ble the Chief Justice of this Court, on the note put up by the Registrar (Judicial) in the matter. Thereafter, Mr. Dinesh 2 Chauhan, Advocate, was appointed Amicus Curiae to assist the Court on behalf of the petitioner Doji Ram (convict / detenue), and the counsel for the State was directed to file counter affidavit. 2) Heard Mr. Dinesh Chauhan, learned Amicus Curiae for the petitioner and Mr. M.A. Khan, Brief Holder for the respondent State. 3) In the counter affidavit filed on behalf of the State, copy of the warrant of imprisonment, copy of the report of District Jail, Nainital, and copy of the Superintendent, District Jail, Haridwar, are annexed. 4) From the Annexure C.A. 1 to the counter affidavit it appears that petitioner Doji Ram S/o Nathhu was convicted under Section 302 of I.P.C. by the III Addl. Sessions Judge, Nainital, in Sessions Trial No. 47 of 1990, and sentenced to imprisonment for life. Copy of the report received from the District Jail, Nainital, shows that the convict was transferred to Sampurnanand Open Jail, Sitarganj. The report from the jail further discloses that on 20th of June 2001, petitioner Doji Ram escaped from the Sampurnanand Open Jail. However, the report of the Superintendent, District Jail, Haridwar (copy Annexure C.A. 2 to the counter affidavit) shows that the petitioner Doji Ram has till now served out sentence of imprisonment for a period of 19 years 4 months and 24 days. 3 5) Since, the petitioner (convict / detenue serving out the life imprisonment) is reported to have escaped from jail on 20.06.2001, and after his re-arrest he was made to serve out the remaining sentence in District Jail, Haridwar, this Court is not inclined to direct that the petitioner be released, as prayed by him. However, he is at liberty to make representation to the H.E. Governor of Uttarakhand. 6) With these observations this petition stands disposed of. (Prafulla C. Pant, J.) Dt. April 08, 2010. H. Negi