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Calcutta High CourtWPA/6106/2024disposed

Shailendra Singh v. State Of West Bengal And ORS.

2024-07-31Hon'Ble Justice Shampa Sarkar2 pages

July 31, 2024 Sl. No.13 Court No.9 s.biswas WPA 6106 of 2024 Shailendra Singh vs.

The State of West Bengal and others Ms. Sampurna Ghosh Mr. Pinak Kumar Mitra ... for the petitioner Mr. Sirsanya Bandopadhyay, Jr.St.Counsel Mr. Debopriyo Karan ... for the State 1.

The petitioner claims to have been in custody for seventeen years. He was convicted of offence under Sections 395, 397, 412 and 120B of the Indian Penal Code. The petitioner was sentenced to suffer rigorous imprisonment for life.

2.

The petitioner contends that his wife's application for premature release had not been considered by the authority. It is contended that the law permits the petitioner to pray for premature release after serving short sentence and such prayer should be considered.

3. Learned advocate for the State authorities submits that the petitioner's prayer was rejected sometime in 2022.

4.

This court finds that the application was made by the petitioner's wife and not the petitioner. The petitioner may file an application before the authority concerned and the same shall be decided in accordance with law, within a period of

three months from the date of receipt of the petitioner's application.

5. Accordingly, the writ petition is disposed of.

6. All the parties are directed to act on the basis of the server copy of the order.

(Shampa Sarkar, J.)