- (1.) Even though this matter appears under the heading "To Be Mentioned"; by consent of the parties it is taken up for final disposal.
(2.) This petition under Article 226 of the Constitution of India seeks, inter alia, the following relief:- "A writ of Mandamus or a writ in the nature of mandamus directing the respondent authority to renew/re-issue passport to the petitioner to procure so that he can get the job at Bangkok and earn his livelihood and thereby protect his right to life and liberty as it has been granted under the Constitution of India."
(3.) From the record it appears that the writ petitioner was convicted of an offence including that of rape by and under the judgment of conviction dated January 19, 2018 and the sentence dated January 20, 2018 passed by the learned Additional Sessions Judge, Alipore, South 24 Parganas in Sessions Case No.1(10)2013 being Sessions Trial No.1(8) 2014. It is an admitted position that the appellant/petitioner who is a convict carried the judgment of conviction and the order of sentence in an appeal before the Hon'ble Appellate Court having criminal jurisdiction. The said appeal was registered as CRA 110 of 2018 and was admitted on June 11, 2018 and an application for bail was made in connection with the said appeal. It is also an admitted position that the petitioner was enlarged on bail as appears from Annexure P-8 to the writ petition. There was no suspension of the sentence but bail was granted by a coordinate bench sitting in criminal jurisdiction by an order dated July 30, 2018 on the ground that the petitioner had an arguable case.;