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2025 DAILYLAW 32025 (JHR)

AKHILESH KUSHWAHA v. THE STATE OF JHARKHAND

W.P.(Cr.)/1220/2023 · 2025-02-13

Anil Kumar Choudhary

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Judgment text

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1 W.P. (Cr.) No.1220 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.1220 of 2023 ------ Akhilesh Kushwaha @ Aakhlesh Kushwaha, S/o Sri Krishna Prasad, Aged about 40 years, R/o Bherbaniya Janta Bazar @ Bharwaria, P.O. & P.S. Bhagwanpur, District Siwan (Bihar). … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of Home, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi; 3. The Secretary, Department of Home, Jail and Disaster Management, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi; 4. The Inspector General of Prison, T.A. Division, Government of Jharkhand, P.O. & P.S. Dhurwa, District Ranchi; 5. The Superintendent of Jail, Lok Nayak Jai Prakash Narayan Central Jail, Hazaribag, P.O. & P.S. Hazaribag, District Hazaribag. 6. The Superintendent of Police, Dhanbad, having its office at Luby Circular Road, P.O. & P.S. Dhanbad, District Dhanbad. … Respondents ------ For the Petitioner : Mr. Lukesh Kumar, Advocate : Md. Faiyaj Alam, Advocate : Mr. Praveen Shankar Prasad, Advocate For the State : Mr. Manoj Kumar, GA- III ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) especially the writ of mandamus commanding upon the 2 W.P. (Cr.) No.1220 of 2023 respondent for holding the meeting of State Sentence Review Board and to consider the case of the petitioner for premature release from jail custody in connection with Sessions Trial No.23 of 2009 corresponding to Govindpur P.S. Case No.01 of 2008 and G.R. Case No.32 of 2008. 3. Learned GA-III appearing for the State by drawing attention of this Court to the resolution of the year 2007 and 2011, submits that premature release of the convict prisoner/petitioner can only be considered by the State Sentence Review Board after following the procedure and guidelines given in the said resolutions. 4. Considering the aforesaid facts, this writ petition is disposed of with a direction to the respondents to hold the meeting of said State Sentence Review Board and consider the case of the petitioner for premature release from custody in accordance with law; in connection with the judgment of conviction and order of sentence passed in Sessions Trial No.23 of 2009 by the Additional Sessions Judge-II, Dhanbad; within three months from this order. 5. Accordingly, this W.P. (Cr.), is disposed of with the aforesaid direction. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th of February, 2025 AFR/ Abhiraj