Orissa High Court
Bijaya Kumar Padhy @ Biji vs Chairman on 2 April, 2024
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.1128 of 2015
Bijaya Kumar Padhy @ Biji ..... Petitioner
Padhy
Represented by Adv.-
Mr. B. Mohanty, Advocate
-versus-
Chairman, State Sentence ..... Opposite Parties
Review Board and others
Represented By Adv.-
Mr. A. K. Sharma,
AGA
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
02.04.2024
Order No.
06. 1. Mr. Sharma, learned advocate, Additional Government
Advocate appears on behalf of State and hands up his instruction
dated 1st April, 2024. The instruction says petitioner was granted
premature release on 12th April, 2017 as per order of the
Government vide memo no.3295 dated 30th March, 2017. Since
then he has been residing near Golanthara Police Station with his
family, maintaining his livelihood by running a tea stall. Relevant
documents are annexed to the instruction.
2. We by our order dated 18th March, 2024 had required the
information. We reproduce below paragraphs 1 to 3 therefrom.
"1. None appears on behalf of petitioner. Mr.
Sharma, learned advocate, Additional Government
Advocate appears on behalf of State.
2. We reproduce below text of order dated 22nd
February, 2024.
"1. The writ petition has been listed at instance of
the department. There is indication in note sheet
that nomenclature not correctly furnished. Co-
ordinate Bench by order dated 23rd September,
2015 had recorded that prayer in the writ petition
is for premature release of life convicts and final
verdict stood reserved with the Supreme Court
2. None appears.
3. Petitioner will take steps for change of
nomenclature prior to adjourned date, failing
which consequences are likely to follow.
4. List on 18th March, 2024."
Prayer in the writ petition is for direction to set
petitioner at liberty forthwith. Petitioner has prayed
as such because according to him he along with one
Pradeep Padhy were accused under sections 302/34
and 307/324 of Indian Penal Code, 1860. They were
found guilty by judgment dated 17th January, 1995 of
the Second Additional Sessions Judge in Sessions
Case no.40 of 2003. Both were convicted for life.
They preferred criminal appeal (CRLA no.61 of
1995). It was dismissed by judgment dated 20th July,
2001.
3. Further allegation is that Pradeep Padhy was
released prematurely. Hence, petitioner also prays to
set him at liberty. Obviously, he is in custody and,
therefore, it is presumed he is unable to take steps for
prosecuting the writ petition."
3. In view of aforesaid, we excuse omission of petitioner to
appear. No further order need be made in the writ petition. The
instruction and documents attached be kept in the record.
4. The writ petition is disposed of.
( Arindam Sinha )
Judge
Signed by: PRASANT KUMAR SAHOO
Designation: Personal Assistant
Judge
Reason: Authentication
Location: Orissa High Court
Date: 02-Apr-2024 19:33:49
Prasant
