Orissa High Court
Haguru @ Govinda vs State Of Odisha on 20 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.20 of 2015
Haguru @ Govinda
Mahanta ..... Appellant
Ms. Kananbala Ray Choudhury,
Advocate
-versus-
State of Odisha ..... Respondent
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
20.09.2025
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
As per the order dated 05.11.2024, this Court
directed the State to take instruction if the application
filed by the appellant for premature release on
Signature Not 20.09.2022 has been considered and if not, the same
Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Senior
Stenographer
shall be considered in accordance with law keeping in
Reason: Authentication
view the observation made by the Hon'ble Supreme
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 22-Sep-2025 10:48:33
Court in the order dated 22.10.2024 passed in SMW(Crl.)
No.4 of 2021.
Today, learned counsel for the State has produced
the written instruction dated 18.02.2025 received from
DIG of Prisons (Hd. Qrs.), Odisha, wherein it is stated as
follows:
"I am directed to refer to your letter No.63943
dated 25.11.2024 noted above on the subject
and to say that the petitioner life convict
Haguru @ Govinda Mahanta, S/O-Gadadhar
Mahanta who is now confined at Circle Jail,
Cuttack at Choudwar, has been convicted and
sentenced to undergo imprisonment for life
and to pay fine of Rs.25,000/-(Twenty fife
thousand) only i.d. to undergo R.I. for 03
years for the offence U/S-302 IPC. He is about
38 years old as per lower Court judgment. He
has served 13 years 06 months 20 days as
actual imprisonment as on 07.02.2025. As per
Odisha Gazette Notification No.1174 dated
19.04.2022 (Copy enclosed), presently the life
convict Haguru @ Govinda Mahanta is not
eligible to be considered by the State
Sentence Review Board for premature release.
A copy of letter No.242 dated 07.02.2025
received from the Senior Superintendent,
Circle Jail, Cuttack at Choudwar is submitted
herewith."
The written instruction dated 18.02.2025 is taken
on record.
On perusal of the aforesaid written instruction, it
appears that as on 07.02.2025, the appellant has served
actual imprisonment for thirteen years, six months and
twenty days.
Learned counsel for the State has placed the
"Guideline for Premature Release, 2022" formulated by
the Govt. of Odisha and in clause 5, which deals with
eligibility for premature release, it is stated that every
convicted prisoner whether male or female undergoing
sentence of life imprisonment and covered by the
provisions of section 433-A of Cr.P.C. shall be eligible to
be considered for premature release from the prison
immediately after serving out the sentence of fourteen
years of actual imprisonment i.e. without the remissions.
In the case in hand, since the appellant's
premature release application was not considered on the
ground that he has not served out the sentence of
fourteen years of actual imprisonment as on 07.02.2025
and in the meantime, he has completed fourteen years of
actual imprisonment, let the learned counsel for the
State obtain instruction whether any recommendation
has been made for premature release of the appellant
through the Jail Superintendent.
The report be furnished by the next date, which is
fixed to 10.10.2025.
A free copy of the order be handed over to the
learned counsel for the State for compliance.
If the recommendation has not yet been made, the
Jail Superintendent shall assign the reason(s) as to why
the same has not been done.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
Sipun/rajesh
