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2001 Supreme(SC) 485

S.RAJENDRA BABU, S.N.PHUKAN
Zahid Hussein – Appellant
Versus
State Of W. B. – Respondent


JUDGMENT

Phukan, J.-Four life convicts have filed the present Petitions under Article 32 of the Constitution challenging the orders of the State Government rejecting their prayer for premature release.

2. Four petitioners were convicted under Section 302/34 IPC and sentenced to suffer rigorous imprisonment for life. They are in Central Correctional Home, Alipore, Kolkata and have served actual imprisonment of more than 18 years and the total period of imprisonment including remission being more than 24 years. They had approached this court earlier as their prayer for premature release was rejected by the State Government. This court set aside the orders of the Government and directed reconsideration. As their prayers have again been rejected: the petitioners are again before us.

3. Mr. Malik, learned senior counsel for the petitioners has urged that in view of sub-rules (4) and (29) of Rule 591 of the West Bengal Rules for the Superintendence and management of jails (for short the Rules ) relating to premature release of the life convict and Explanation to Section 61 of the West Bengal Correctional Services Act, 1992 (herein after referred to as the Act ) all the petitioners are en


































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