Akhilesh Kushwaha @ Aakhlesh Kushwaha vs The State Of Jharkhand
2025 Latest Caselaw 2645 Jhar

Jharkhand High Court

Akhilesh Kushwaha @ Aakhlesh Kushwaha vs The State Of Jharkhand on 13 February, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P. (Cr.) No.1220 of 2023
                                             ------

Akhilesh Kushwaha @ Aakhlesh Kushwaha, S/o Sri Krishna Prasad, Aged about 40 years, R/o Bherbaniya Janta Bazar @ Bharwaria, P.O. & P.S. Bhagwanpur, District Siwan (Bihar).

                                                            ...              Petitioner
                                              Versus
            1. The State of Jharkhand

2. The Secretary, Department of Home, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi;

3. The Secretary, Department of Home, Jail and Disaster Management, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi;

4. The Inspector General of Prison, T.A. Division, Government of Jharkhand, P.O. & P.S. Dhurwa, District Ranchi;

5. The Superintendent of Jail, Lok Nayak Jai Prakash Narayan Central Jail, Hazaribag, P.O. & P.S. Hazaribag, District Hazaribag.

6. The Superintendent of Police, Dhanbad, having its office at Luby Circular Road, P.O. & P.S. Dhanbad, District Dhanbad.

                                                       ...              Respondents
                                              ------
             For the Petitioner          : Mr. Lukesh Kumar, Advocate
                                         : Md. Faiyaj Alam, Advocate
                                         : Mr. Praveen Shankar Prasad, Advocate
             For the State               : Mr. Manoj Kumar, GA- III
                                           ------
                                          PRESENT

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has

been filed with a prayer for issuance of an appropriate writ (s)/order

(s)/direction (s) especially the writ of mandamus commanding upon the

respondent for holding the meeting of State Sentence Review Board and to

consider the case of the petitioner for premature release from jail custody in

connection with Sessions Trial No.23 of 2009 corresponding to Govindpur P.S.

Case No.01 of 2008 and G.R. Case No.32 of 2008.

3. Learned GA-III appearing for the State by drawing attention of this

Court to the resolution of the year 2007 and 2011, submits that premature

release of the convict prisoner/petitioner can only be considered by the State

Sentence Review Board after following the procedure and guidelines given in

the said resolutions.

4. Considering the aforesaid facts, this writ petition is disposed of with a

direction to the respondents to hold the meeting of said State Sentence Review

Board and consider the case of the petitioner for premature release from

custody in accordance with law; in connection with the judgment of conviction

and order of sentence passed in Sessions Trial No.23 of 2009 by the Additional

Sessions Judge-II, Dhanbad; within three months from this order.

5. Accordingly, this W.P. (Cr.), is disposed of with the aforesaid direction.

(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th of February, 2025 AFR/ Abhiraj