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2017 Supreme(SC) 1260

SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL, JJ.
Prithwis Chawdhury (In Jail) - Petitioner
Versus
Union of India Ministry of Home Secretary & Ors. - Respondents
Writ Petition (Criminal) No. 180 of 2016
Decided On : 07-07-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anip Sachthey, Ms. Anjali Chauhan, Ms. Ria Sachthey
For the Respondents: Mr. Kalyan Bandopadhyay, Mr. Kunal Chatterji, Mr. Chanchal Kumar Ganguli

The statutory mandate in Section 61(2) of the West Bengal Correctional Services Act, 1992, influenced the court's decision to release the petitioner from the correctional home.

Headnote:

The petitioner had been in the correctional home for over 19 years. The court, considering the statutory mandate in Section 61(2) of the West Bengal Correctional Services Act, 1992, ordered the petitioner's release forthwith. The court disposed of the writ petition accordingly.

ORDER :

We have been informed by learned counsel for the petitioner that the petitioner has been in this particular correctional home for a period of over 19 years.

2. Having regard to the statutory mandate contained in Section 61(2) of the West Bengal Correctional Services Act, 1992, we think that this is a fit case in which the petitioner should be released forthwith.

3. The writ petition is disposed of accordingly.

ORDER :

4. We have been informed by learned counsel for the petitioner that the petitioner has been in this particular correctional home for a period of over 19 years.

5. Having regard to the statutory mandate contained in Section 61(2) of the West Bengal Correctional Services Act, 1992, we think that this is a fit case in which the petitioner should be released forthwith.

6. The writ petition is disposed of in terms of the signed order.

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