Nilu @ Tarkeswar Kumar vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 2793 Ori

Orissa High Court

Nilu @ Tarkeswar Kumar vs State Of Odisha And Others .... Opposite ... on 20 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 WPCRL No.5 of 2025

            Nilu @ Tarkeswar Kumar                 ....             Petitioner
            Choudhury

                                                     Represented By Adv. -
                                             Mrs. Saswata Patnaik, Advocate
                                         -versus-

            State of Odisha and others             ....      Opposite Parties
                                                     Represented By Adv. -
                                                 Mr. U.C. Behura, Advocate
                                         (Additional Government Advocate)


                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                              ACTING CHIEF JUSTICE
                                           AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO
                                          ORDER

20.01.2025

Order No. 1. Mrs. Patnaik, learned advocate appears on behalf of

01. petitioner and submits, under challenge is communication dated 23 rd

August, 2024 on subject of 44th meeting of State Sentence Review

Board (SSRB) held on 20th June, 2024 in respect of petitioner

mentioned at serial no.11. Given reason for rejecting his application

for premature release is extracted and reproduced below.

"The 55 years old life convict along with four others committed Bank dacoity with murder of bank peon by exploding bomb in front of UCO bank. The board has an opinion that the life convict has not lost his potentiality to commit further crime. There is possibility that he will form new gang and commit similar crime and hence, rejected under clause 6(1) (a) & (e) of Odisha Gazette No.1174 dated 19.04.2022."

2. She draws attention to judgment dated 13th February, 2024

of coordinate Bench in WPCRL no.127 of 2023, in particular

paragraphs-8 and 9 to submit, the reason given is contradictory to

finding in said judgment. She seeks interference for direction upon

State to produce her client and thereby direct his release.

3. Mr. Behura, learned advocate, Additional Government

Advocate appears on behalf of State and submits, direction by said

judgment dated 13th February, 2024 was for the authority to

consider petitioner's case for premature release. It was duly

considered and order made. He opposes the writ petition.

4. We require State to produce Odisha Gazette no.1174 dated

19th April, 2022.

5. List on 29th January, 2025.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

Jyostna/Radha