Roshan Ali vs Principal Secretary To Govt
2022 Latest Caselaw 7288 Ori

Citation : 2022 Latest Caselaw 7288 Ori
Judgement Date : 12 December, 2022

Orissa High Court

Roshan Ali vs Principal Secretary To Govt on 12 December, 2022

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                WPCRL No.170 of 2022


         Roshan Ali                           .........                 Petitioner
                                                                Ms. G. Majhi, Adv.


                                               -Versus-

         Principal Secretary to Govt.         ........              Opp. Parties
         & Others                                              Mr. D. Nayak, AGA.

                                             CORAM:
                                             JUSTICE S. TALAPATRA
                                             JUSTICE SAVITRI RATHO
                                                  ORDER

12.12.2022 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard Ms. G. Majhi, learned counsel appearing for the petitioner. This writ petition has been filed challenging the order passed by the State Authority rejecting the prayer of pre-mature release.

3. According to Ms. G. Majhi, learned counsel the petitioner has completed 20 years in jail. That term of incarceration qualifies the petitioner to be considered for pre-mature release. The rejection is arbitrary.

4. Earlier the petitioner had approached this court by filing another petition being WPCRL No.142 of 2020, which was disposed of by the Judgment dated 13.09.2022 whereunder the State Authority was directed to reconsider their earlier decision within a period of one

month from the date of the receipt of the order. Till then the interim bail, as granted was directed to continue. In pursuance to the said direction, the State Authority has passed the order, rejecting the prayer for pre-mature release.

5. Issue notice.

6. Notice is made returnable on 22.12.2022.

7. Since Mr. D. Nayak, learned Addl. Government Advocate appears and waives notice for the State-Opposite Parties, no formal notice is called for.

8. We would request Ms. Majhi, learned counsel for the petitioner to supply one additional copy of the writ petition to Mr. Nayak, learned Addl. Government Advocate, in the course of the day.

(S. Talapatra) Judge

(Savitri Ratho) Judge Rati Ranjan