ANIRUDHA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India filed by two of the life convicts for their premature release under Sec. 432 read with Sec. 433 of the Code of Criminal Procedure.

(2.) In connection with Kultali P.S Case No.4(1) of 1985 37 persons were placed on trial for committing offence punishable under Ss. 147/148/324/302 of the IPC. The said case was finally registered as Session Trial No.3(5) of 1993. On conclusion of trial, the learned Additional Sessions Judge, Alipore by his judgment acquitted 58 persons under Sec. 232 of the Code of Criminal Procedure and remaining 39 persons including the petitioners were placed on trial. The learned Sessions Judge found six persons including the present petitioners guilty for committing offence punishable under Ss. 302/149/323/148/149 of the IPC and acquitted remaining 33 accused persons. The said six convicts preferred an appeal being CRA No.4 of 1998 before this Court. State of West Bengal also preferred an appeal against the judgment and order of acquittal being Govt. Appeal No.17 of 1999 both the appeals were heard together and disposed by a common judgment dtd. 28/7/2005. This Court found five persons guilty of offence including the petitioners and other persons were acquitted and appeal against them stood dismissed. It is contended on behalf of the petitioners that they are in custody since 2005 at present the petitioner No.1 is aged about 74 years and the petitioner No.2 is aged about 84 years. The said two persons have no criminal antecedents excepting the present case. They were implicated in the case as they were the active supporters of a particular political party. It is also stated on behalf of the petitioners that due to the old age the petitioner No.1 is suffering from various aliments like Asthama, COPD etc. He was a member of the Panchyat Samity at Kultali at the relevant point of time. Petitioner No.2 was the headmaster of a local High School and obtained Post Graduate Degree in History from the Calcutta University. While in custody, the petitioner No.2 carried on his academic activities from the correctional home and obtained Master Degree in English from the Calcutta University. He was also entrusted to teach other convicts in the correctional home. It is further stated by the petitioners that out of 11 convicts, the authorities concerned, already released eight of them by invoking the jurisdiction under Sec. 432 read with Sec. 433 of the Code of Criminal Procedure and the corresponding provisions under the West Bengal Jail Court. Only the petitioners are languishing in jail for about 18 years.

(3.) The petitioners made representations before the authorities for premature release on 8/9/2022. Previously their prayer was favourably considered by the concerned Board, but they could not be released by the appropriate government as the government did not receive the opinion of the Presiding Judge of the court before or by which the conviction was had or confirmed.