GOPAL SARKAR Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-2-5
HIGH COURT OF CALCUTTA
Decided on February 19,2021

GOPAL SARKAR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA, J. - (1.) The petitioner was convicted to life imprisonment for offences under Sections 366/384/302/201 of the Indian Penal Code by the Judgment and Order dated December 14, 1991 of the Sessions Judge, Third Bench, City Sessions Court, Calcutta. Thereafter, the petitioner preferred an appeal against such judgment and was released from the Alipore Central Correctional Home on February 28, 1998, pursuant to an order passed by this court. On September 10, 2006, the petitioner was again sent to the Presidency Correctional Home and re-committed on November 6, 2006. Thereafter, the petitioner was committed to the Dum Dum Central Correctional Home on May 29, 2008. The appeal of the petitioner was ultimately dismissed and the conviction affirmed.
(2.) After incarceration of over 14 years, the petitioner filed a criminal revision, bearing C.R.R. No. 1545 of 2012, wherein the then Superintendent of the Dum Dum Central Correctional Home affirmed an affidavit and intimated the court that a proposal had been sent to the Review Committee on June 28, 2012, through the IG Correctional Services for premature release of the petitioner, who had undergone actual imprisonment for more than 14 years.
(3.) The revisional application was disposed of on August 16, 2012, upon a co-ordinate Bench observing that such disposal was in terms of the statement made by counsel for the State that the petitioner's case shall be taken up by the Review Committee on its next meeting and the decision would be conveyed to the petitioner. Liberty was given to the petitioner to challenge the order of the Review Committee.;


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