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Calcutta High CourtWPA/4188/2021disposed

Susanta Chakraborty v. State Of West Bengal And ORS.

2021-05-07Hon'Ble Justice Moushumi Bhattacharya2 pages

07.05.2021 tkm/ct 3 sl no. 2 WPA 4188 of 2021 (Via Video Conference) In Re : Susanta Chakraborty @ Buro Bamun .....petitioner Mr. Sudip Ghosh Chowdhury ............. For the petitioner Mr. Tapas Kr. Dey ............. For the respondent The petitioner made a representation to the Superintendent, Hooghly Correctional Home for grant of parole on 3rd February 2021. The representation has not been responded to till date.

Learned counsel for the petitioner submits that the petitioner was convicted in 2014 and is in custody for six years. Counsel places section 62 (1) and (2) of the West Bengal Correctional Services Act, 1992 under which the Inspector General (Prisons) has power to grant parole. The only prayer made is for a direction on the authorities to consider the written representation of the petitioner.

This matter has been called on yesterday and the petitioner was directed to serve the respondent authorities afresh by e-mail. A copy of the e-mail sent to the respondents intimating that the matter will be taken up today has been shown to the court. The respondents were served yesterday i.e. on 6th May 2021 at about 12.56 p.m. Despite such service, the respondents are not represented.

Upon hearing learned counsel, this court is of the view that respondent nos. 2 and 3 may be directed to consider the representation of the petitioner for grant of parole which was made on 3rd February 2021 and come to a decision within one week from the date of communication of this order to the respondents. The decision should be communicated to the petitioner within three days from the date on which the decision is taken by the respondent.

WPA 4188 of 2021 is disposed of in terms of above directions.

(Moushumi Bhattacharya, J.)