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2021 Supreme(Cal) 67

SABYASACHI BHATTACHARYYA
Gopal Sarkar – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Sudipto Maitra, Advocate, Manojit Bhattacharyya, Advocate, Daipayan Biswas, Advocate, Subhabrata Datta, Advocate, Benazir Ahmed, Advocate, Debashis Sarkar, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner was convicted to life imprisonment for offences under Sections 366/384/302/201 of the Indian Penal Code by the Judgment and Order dated December 14, 1991 of the Sessions Judge, Third Bench, City Sessions Court, Calcutta. Thereafter, the petitioner preferred an appeal against such judgment and was released from the Alipore Central Correctional Home on February 28, 1998, pursuant to an order passed by this court. On September 10, 2006, the petitioner was again sent to the Presidency Correctional Home and re-committed on November 6, 2006. Thereafter, the petitioner was committed to the Dum Dum Central Correctional Home on May 29, 2008. The appeal of the petitioner was ultimately dismissed and the conviction affirmed.

2. After incarceration of over 14 years, the petitioner filed a criminal revision, bearing C.R.R. No. 1545 of 2012, wherein the then Superintendent of the Dum Dum Central Correctional Home affirmed an affidavit and intimated the court that a proposal had been sent to the Review Committee on June 28, 2012, through the IG Correctional Services for premature release of the petitioner, who had undergone actual imprisonment

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