The Supreme Court on Monday will hear petition by former Samajwadi Party MLA Uday Bhan Singh @ Doctor Singh who has been given life imprisonment after he was convicted for a murder .
The petition sought directions to release him on parole considering his old-age and length of incarceration.
A bench of Justices Ajay Rastogi & Abhay S. Oka will hear the matter.
Uday Bhan asked for interim bail considering his old age and more than 20 years of incarceration in jail without remission and 24 years with remission with no source of income.
Doctor Singh has filed a writ petition under article 32 of the Constitution seeking directions of the Court on the basis of the Suo Motu order passed by the Apex Court to decongest jails during the Covid-19 pandemic.
He urged, “because other similarly other prisoners have been granted pandemic parole violating Petitioner’s fundamental right under article 14 of the Constitution of India.
The Petitioner qualifies the criteria laid down by the concerned authority vide order, dated 30.04.2020.
Doctor Singh has been suffering from several ailments and is susceptible to contraction of deadly disease Covid-19. Two other co-accused convicted along with petitioner in similar matter arising from the same trial bearing ST No. 162/2000 have been released by the State Government while exercising its power article under 161 Constitution of India.”
The Allahabad High Court in its order dated 28/04/2011, cancelling his parole for 4 days to attend his niece wedding noted that the accused respondent Udai Bhan Singh alias Doctor Singh is involved in many criminal cases, in those cases also, he is in jail (judicial custody).
Accused Udai Bhan Singh alias Doctor Singh is involved in 26 criminal cases. He is in judicial custody in S.T. No. 162 of 2000 under sections 147, 148, 149, 302, 379, 411 converted into section 396, 307, 412 I.P.C.in which he has been convicted for life imprisonment on 24.4.2004, S.T.No. 190 of 2001 under section 3(1) of U.P.Gangsters and Anti Social Activities ( Prevention) Act, pending in the court of learned Special Judge, Gangsters Act, Mirzapur, S.T.No. 308 of 2007 under section 3(1) of U.P.Gangsters and Anti Social Activities ( Prevention) Act, pending in the court of learned Special Judge, Mirzapur, S.T.No. 183 of 2006 under section 3(1) of U.P.Gangsters and Antisocial Activities ( Prevention) Act, pending in the court of learned Special Judge , Gangsters Act, Varanasi, S.T.No. 99 of 2007 under sections 147, 148, 149, 302, 307, 332 , 427 I.P.C.and 7 Criminal Law Amendment Act pending in the court of learned Ist Additional Sessions Judge, Bhadohi, S.T.No.97 of 2007 under sections 147, 148, 307, 120-B I.P.C.and 7 Criminal Law Amendment, pending in the court of 2nd Additional Sessions Judge, Bhadohi, S.T.No. (R.C.) 3(5) of 2003 under section 302, 307, 326 I.P.C. pending in the court of Special Judge , C.B.I. New Delhi, Case No. 1311 of 2005 under section 26 Arms, pending in the court of C.J.M.Bhadohi, S.T.No.7792 of 2005 under section 302/120-B I.P.C.pending in the court of learned Additional Sessions Judge,Varanasi and Case No. 1298 of 2002 under sections 147, 148, 149, 323, 504, 506 I.P.C.pending in the court of learned Judicial Magistrate, Mirzapur.
“Considering the facts, circumstances of the case, submission made by learned counsel for the applicant and counsel appearing on behalf of the respondents and from the perusal of the record it appears that in the present case, the accused respondent Udai Bhan Singh alias Doctor Singh is involved in many criminal cases, he is in judicial custody, in some criminal cases, which are pending in different courts, he has been convicted for life imprisonment in a case of the murder, the order of conviction has become final, he is detained in district Jail Mirzapur,” said the high court.