Bijay Mandal vs State Of West Bengal & Ors

Sabyasachi Bhattacharyya, J

The present application is primarily for consideration of the petitioner's prayer for parole in view of the ongoing COVID-19 crisis.

Learned counsel for the petitioner submits that the conduct of the petitioner has never been fit for reproach during the period when his matter was going on, both before the appellate authority and during the criminal trial, and the petitioner had been out on bail during a major portion of the continuance of the matter in the various courts. As such, it is argued that a grant of parole to the petitioner could not in any way be harmful to society or detrimental to anybody. Rather, it is submitted that pursuant to the recommendation of a high-powered committee of the State Legal Services Authority, West Bengal dated March 27, 2020, all convicts, even on offences punishable with imprisonment above seven years, are fit to be considered for parole in view of the ongoing pandemic crisis. Certain offences were designated in the said notification, as found from the documents annexed to the application, which go on to show that the offence of murder, of which the petitioner was convicted, does not fall within the purview of the exceptions as contemplated therein and as such the petitioner deserves the grant of parole. In view of the perilous pandemic crisis, particularly in view of several prisoners being huddled within the restricted confines of the prisons, it would be fit and proper if the petitioner is granted parole, subject to being quarantined for the requisite number of days immediately after such release for abundant caution and subject to any other safeguards that the jail authorities may deem fit and proper. However, the respondents shall consider grant of such parole to the petitioner on the satisfaction of the aforesaid conditions within a week from the communication of this order to the respondents and /or their advocates.

It ought to be mentioned here that despite the matter having appeared before several benches on various occasions, as per submission of learned counsel for the petitioner, learned counsel for the respondents chose not to appear on most of such occasions. Hence, in view of the extreme urgency involved regarding the health of not only the petitioner but the community at large, the respondents shall grant parole to the petitioner, subject to the conditions stipulated above being satisfied.

C.A.N. 3101 of 2020 along with W.P. No.5407 of 2020 are thus disposed of by directing the respondent authorities to grant the petitioner parole within a week from the date of communication of this order to the respondents and/or their advocates, subject to the petitioner's being subsequently quarantined for the requisite period, that is, at least a fortnight, and subject to other safeguards, if any, to the satisfaction of the respondent-authorities, being taken. The learned advocate-on-record for the petitioner is directed to communicate this order to the respondents and/or their advocates at the earliest.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.