ZUBAITHA BEGUM Vs. STATE

JUDGEMENT

(1.) W.P.Nos.30216, 30212, 30505, 30514 of 2024, 31417, 31415 of 2023 have been filed for a direction to the Government to release the convict prisoners prematurely, by considering the representation of the petitioners therein. The miscellaneous petitions in W.P.M.P.(Crl.) Nos.530, 531, 532, 533, 583 and 584 of 2025 and the writ petitions in W.P.(Crl.) Nos.1113, 1114, 1115, 1116, 1117, 1119, 1121 of 2025 have been filed to extend the interim bail/leave granted to the convict prisoners, pending consideration of the representation before the Government to release them prematurely.

(2.) The miscellaneous petitions for extension of interim bail/leave pending consideration of the representations before the Government to release the convict prisoners prematurely, have been filed on the basis of the interim bail granted by a Division Bench of this Court earlier in W.M.P.No.27482 of 2023 in W.P.No.16127 of 2020 [Munni v. State] by order dtd. 29/9/2023. The said writ petition in W.P.No.16127 of 2020 was challenging the order rejecting the request for premature release of convict prisoner therein. During the pendency of the said writ petition, a Division Bench of this Court granted interim bail based on two orders of the Hon'ble Supreme Court. Based on such interim bail granted in the said writ petition, whenever a writ petition is filed to consider the representation of the petitioner seeking prematurely release, several miscellaneous petitions are also filed either for grant of interim bail for a specific period which are entertained by this Court, or for extension of interim bails so granted.

(3.) It is relevant to note that the orders of the Hon'ble Supreme Court relied upon by the earlier Division Bench of this Court to grant interim bail, are ones passed at the admission stage or immediately thereafter. One of the orders was made in S.L.P.(Crl.)No.12784 of 2022 [Sikkander v. The State and others], dtd. 25/7/2023, at the admission stage. It is relevant to note that, later, the Special Leave Petition in S.L.P.(Crl.)No.12784 of 2022 itself was also disposed of as infructuous, since the life convict was released pursuant to the order of remission passed by the Government. Similarly, the other order of the Hon'ble Supreme Court was made in Sardar Khan v. State and others [S.L.P.(Crl.) No.10176 of 2022, dtd. 12/9/2023], which was also passed at the admission stage. The said Special Leave Petition has been filed challenging the order of the Division Bench of this Court upholding the rejection of premature release. Therefore, the Hon'ble Supreme Court has granted interim bail and the matter was adjourned to 20/2/2024.