Muktar Ahmed alias Lambu Mama v. State of West Bengal
1998-12-08
SATYABRATA SINHA
body1998
DigiLaw.ai
Judgment Both the writ applications involving similar question of facts and law were taken up for hearing together and are being disposed of by this common judgment. 2. The petitioner Muktar Ahmed was convicted and sentenced for life under Section 449/34 and 302/34 of the Indian Penal Code by a judgment dated 30.1.81 in Sessions Trial No. 1(8) of 1980. The appeal preferred against the said conviction and sentence has been dismissed by this Court. 3. Admittedly, the petitioner filed an application for his release in terms of Section 433A of the Code of Criminal Procedure read with Rule 591 of the West Bengal jail Code. The State Government considered the said prayer only on the basis of the alleged report of the Police. The said application for premature release was ejected on 19.5.95. However it now stands admitted that the petitioner has now undergone imprisonment for more than 20 years including remission. 4. The learned Counsel for the petitioner submits that keeping in view the provision or Section 433A of the Criminal Procedure Code and Rule 591 of the West Bengal Jail Code; he was entitled to be released. 5. The learned Counsel for the respondent on the other hand submit, that keeping in view the provision of Section 432 of the Cr. P.C. there cannot be any doubt whatsoever that the petitioner is not entitled to the premature release as a matter of right. Although the aforementioned submission of Mr. Mondal, learned Counsel for the respondent, appears to be correct there cannot be any doubt that in absence of the provision to the contrary the matter relating to premature release of a convict must be dealt with in terms of the west Bengal Jail Code. In view of the fact that the petitioner has now undergone R.I. for life for a period of 20 years including remission, the State is bound to consider his application for premature release afresh in terms of Clause (IV) of Rule 591 of he West Bengal Jail Code.
In view of the fact that the petitioner has now undergone R.I. for life for a period of 20 years including remission, the State is bound to consider his application for premature release afresh in terms of Clause (IV) of Rule 591 of he West Bengal Jail Code. The said rule reads thus:- “Release on completion of 20 years’ imprisonment including remission:- (29) Every case in which a convict, who has received the benefit of any of the foregoing rules, is about to complete a period of 20 years of continued detention including remission earned, if any, shall be submitted three months before such completion by the Superintendent of the Jail in which the convict is for the time being detained, through the Inspector-General, for orders of the State Government. If the convict's jail records during the last three years of his detentions are found to be satisfactory the State Government may remit the remainder of his sentence.” 6. In view of the aforementioned rule, the question of calling for police Report does not arise. Only the convict's jail record for the last three years is required to be considered. 7. For the reason aforementioned this writ application is disposed of with a direction upon the competent authority to consider the petitioner's application for premature release in terms of Clause-IV of Rule 591 of the West Bengal Jail Code at an early date and preferably within a period of 4 weeks from the date of communication of this order in accordance with law. 8. This order shall govern the other writ application being C.O. No. 21360 (W) of 1995. 9. Both the writ applications are disposed of with aforementioned observations. 10. The learned, Counsel for the petitioner is permitted to take down the gist of this order and communicate the same to the concerned respondents including the Judicial Secretary; Government of West Bengal, who are directed to act on such communication. Urgent xerox certified copy of this order, if applied for, be supplied on priority basis.