GOPAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We have heard learned Senior Counsel for the appellant and learned Counsel appearing for the State.

(2.) The long and short of this litigation is that the appellant is undergoing sentence, which, by now, is more than 29 years following his conviction and sentence handed down on different counts. The penalty imposed on him includes life imprisonment. He applied for "premature release". That was considered by the Government on the basis of certain police inputs. Ultimately, that was rejected. The petitioner challenged it before the learned Single Judge which was turned down. His fundamental plea was that his co-convicts in the same case have already been released. The learned Single Judge rejected the application turning down the contentions raised therein.

(3.) Be that as it may, having looked into the substance of this litigation and the nature of the complaint, all that is to be done, is that requisite action in terms of Sec. 432 Cr.P.C. is to be put in motion if the appellant makes an application for remission of sentence in terms of that provision.