Mr. P. Roy Barman vs Mr. D. Bhattacharya
2021 Latest Caselaw 1287 Tri

                                   Page 1 of 2




                         HIGH COURT OF TRIPURA
                           _A_G_A_R_T_A_L_A_
                            WP(C) No.933 of 2021
For Petitioner(s)         :   Mr. P. Roy Barman, Sr. Advocate,
                              Ms. A. Debbarma, Advocate.
For Respondent(s)         :   Mr. D. Bhattacharya, G.A.,

Mr. S. Saha, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

_O_ R_ D_ E_ R_ 21/12/2021 (Indrajit Mahanty, CJ)

Heard learned counsel for the respective parties.

Petitioner who is undergoing life imprisonment and has been

in custody since November, 2019 has filed the present writ petition for

parole. He was convicted vide judgment and order dated 1 st November,

2019 passed by the Hon'ble High Court in Crl. Appeal No.29 of 2016

under Sections 147/148/149/302/307/326 & 120B of IPC and under

Section 3 of the Explosive Substance Act. Though his application for

parole was recommended, the State has refused the parole and learned

Government Advocate submits that essentially since the petitioner has

been convicted under Section 3 of the Explosive Substances Act, parole

cannot be granted to such a convict. The provisions of the said statute

have also been challenged in the present writ petition. It is similar to a

connected matter listed today in WA No.462 of 2020.

Consequently, both these matters need to be tagged together

and heard and in the meantime, the learned Government Advocate is

requested to call for the administrative file which would indicate the

reasons contained in the file for rejection of the petitioner's parole.

List this matter on 18th January, 2022 for hearing.

Reply, if any, be filed in the meantime.

(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ

Dipesh