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SABYASACHI BHATTACHARYYA
Kanchi @ Sanjit Makhal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J.—Both the petitioners are convicts and are languishing in jail since June 20, 2001, that is more than 22 years.
2. They have been in continuous imprisonment in the Baruipur Central Correctional Home. Intermittently, the petitioners were granted parole. Their conduct during parole was without any complaint from the Authorities. The petitioners have sought remission. One of the co-accused of the petitioners, one Tarun Mondal was released by the Supreme Court with the rider that he cannot enter the jurisdictional police station area.
3. The petitioners” requests for remission, however, were repeatedly refused.
4. Insofar as the petitioner no.1 is concerned, in a meeting of the State Sentence Review Board (SSRB) dated September 2, 2022, the premature release request was rejected. The same decision was repeated on February 17, 2023.The considerations by the SSRB were preceded by two orders of this Court passed in WPA No. 14583 of 2022 and WPA No. 28437 of 2022.
5. In case of the petitioner no.2, in the meeting dated September 2, 2022, his prayer for premature release was rejected. The said consideration was pursuant to an order also passed in WPA No.
Premature release from prison – Mere reference to heinous nature of crime and vague remark that age and potentiality of convicts are against grant of premature release are not sufficient from any leg....
The main legal point established in the judgment is the need to consider post-conviction conduct, societal reintegration, and the reformative purpose of imprisonment in premature release decisions, w....
The main legal point established in the judgment is that the decision-making process of the Review Committee in refusing premature release to the petitioner was justified and in accordance with the r....
The main legal point established in the judgment is the need to consider the reformative aspect of punishment, the potential for rehabilitation, and the reformation of convicts. The judgment emphasiz....
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
The criminal justice system prioritizes rehabilitation over retribution; prolonged incarceration without evidence of reformation or current dangerousness violates the right to liberty.
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