Ratan Tarai v. State Of West Bengal And ORS.

24.09.2025 SL No.40 Court No.550 (gc) WPA 22922 of 2025 Ratan Tarai Vs.

State of West Bengal & Ors.

Mrs. Subhasree Patel, Mr. Anindya Halder ...for the Petitioner.

Mr. Jayanta Samanta, Jr. Govt. Adv., Mr. Kazi Sajjad Alam ...for the State.

1.

The State Legal Services Authority has filed this writ petition on behalf of the life convict, namely, Ratan Tarai who was convicted in connection with Bijpur PS Case No.32, Dtd- 26.02,2008, ST-101(12)08, SC - 11(7) 08, GR-474/08, DR1/2010, CRA- 54/2010, 59/2010, 130/2010, 69/2010, 162/2010 & 269/2010, for the offence under sections 395/396/397/412 of IPC by the court of learned Additional District Judge, FTC3, Barrackpore, North 24 Pgs for premature release.

2.

It is trite to say that National Legal Services Authority has issued Standard Operating Procedure for premature release of the life convicts and the Hon'ble Supreme Court has also directed all the States in India to formulate the policy for premature release, remission of

sentences in respect of the life convicts, and the same has been reported in 2025 SCC OnLine SC 349, In Re: Policy Strategy for Grant of Bail.

3.

It is alleged that the said guidelines and directions were not followed by the respondent authorities.

4.

Needless to mention that the Hon'ble Supreme Court mandated that the State must consider the prayer for premature release and also consider eligibility of the life convicts without waiting for the convicts' applications. As the allegation that the said guidelines are not followed in accordance with the direction of the Hon'ble Supreme Court passed, I direct the respondent authorities to consider the prayer for premature release of the life convict, namely, Ratan Tarai, in accordance with the relevant guidelines of National Legal Services Authority and also in accordance with section 61(2) of the West Bengal Correctional Services Act, 1992, within two months from date and to inform the said decision to the life convict immediately thereafter.

5.

This writ petition be treated as prayer for premature release on behalf of the life convict.

6.

Let this order be intimated to the life convict through the State Legal Services Authority, West Bengal.

7.

With the aforesaid direction, WPA 22922 of 2025 is disposed of.

8.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

9.

All parties shall act on the server copy of this order.

(Apurba Sinha Ray, J.)