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2025 DAILYLAW 896 (TRI)

SRI SISHIR KANTI CHOWDHURY ON BEHALF OF SUMIT CHOWDHURY @ BABAI v. THE STATE OF TRIPURA AND 5 OTHERS

WP(C)/283/2025 · 2025-05-22

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 283 of 2025 Sri Sishir Kanti Chowdhury on behalf of Sumit Chowdhury @ Babai ……..Petitioner(s). Versus State of Tripura and others ……..Respondent(s) HON’BLE MR. JUSTICE T. AMARNATH GOUD For Petitioner(s) : Mr. Bibhal Nandi Majumder, Sr. Advocate Mr. Kushal Deb, Advocate Mr. Subhankar Deb, Advocate Mr. M. Dey, Advocate Mr. Vibek Deb, Advocate For Respondent(s) : Mr. Kohinoor N. Bhattacharya, G.A. Mr. M. Debbarma, Addl. G.A. 22.05.2025 Order Heard learned counsel for the respective parties. [2] The present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs: “a) Issue a writ in the nature of mandamus, directing the Respondent No.4 (Superintendent, Kendriya Sansodhnagar) to consider and grant parole for a period of 30 (thirty) days to the convict petitioner Sri Sumit Chowdhury @ Babai, convicted prisoner in ST(T-1)/103/2019 convict no:169/25, to attend to post-death rituals and manage his family's affairs due to the sudden demise of his elder cousin brother on 09.05.2025; and/or b) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice, equity and good conscience……..” [3] It is the case of the convict prisoner, Sri Sumit Chowdhury @ Babai, that he was convicted in ST(T-1)/103/2019 under Sections 302/34 IPC, passed by the learned Session Judge, West Tripura, Agartala and his elder cousin brother died on 09.05.2025, who according to the petitioner, took care of the family and business in the absence of the convict after arrest. [4] It is contended on behalf of the petitioner that during this grave situation, the presence of the convict petitioner is very much essential to perform the „Shradh ceremony‟ of the elder cousin brother of the convict scheduled on 24.05.2025 and to extend other supports to the bereaved family. [5] It is seen from record that on 12.05.2025, the convict prisoner made a prayer before the Superintendent, Kendriya Sansodhanagar, Tripura, Bishalgarh i.e. respondent No.4 for granting 30 (thirty) days‟ parole since his elder cousin brother had expired on 09.05.2025. [6] In view of the above, since the prayer of the convict prisoner is pending before the concerned respondent i.e. respondent No.4 and the Shradh ceremony of the elder cousin brother of the convict is scheduled on 24.05.2025, without expressing any opinion on the merits of the case, this Court directs the respondent No.4 to take a decision in the light of the aforesaid prayer dated 12.05.2025 made by the convict prisoner in accordance with law before the evening hours of 23.05.2025. With the above observation and direction, the present petition is disposed of. As a sequel, miscellaneous application(s), pending if any, shall also stand closed. Communicate this order to the learned counsel for the petitioner and the learned Government Advocate during the course of the day. JUDGE Sabyasachi G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.05.22 14:24:17 +05'30'