Back
SABYASACHI BHATTACHARYYA
Kanchi @ Sanjit Makhal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioners were convicted and sentenced, respectively on June 28 and June 29, 2010, for the commission of gang-rape under Section 376(g) of the Indian Penal Code. Since prior to that, the petitioners have been in incarceration.
2. After spending about two decades in jail, the petitioners applied for premature release. On September 2, 2022, a meeting was held by the State Sentence Review Board (SSRB), West Bengal, where the petitioners were not recommended for premature release. This Court, vide order dated January 10, 2023 passed in WPA No. 28437 of 2022, set aside the recommendation of the SSRB, which was followed by a special meeting of the SSRB for reconsideration of the issue of premature release and again rejected the petitioners? plea for premature release on February 17, 2023.
3. Another writ petition bearing WPA No. 20731 of 2023 preferred against the said rejection was disposed of on October 11, 2023 directing a further reconsideration.
4. Thereafter, on December 6, 2023, the SSRB again rejected the petitioners? request for premature release, prompting the petitioners to file the present writ petition.
5. Insofar as the petitioner
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....
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 the reformative aspect of punishment, the potential for rehabilitation, and the reformation of convicts. The judgment emphasiz....
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 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....
Judicial review of administrative decisions on premature release must ensure legality, not merit; arbitrary decisions without justification violate principles of natural justice.
(1) Commutation of life sentence—Concurrence of Central Government for commuting or remitting sentence is mandatory.(2) A statute does not become operative from date on which it is interpreted. It co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
