Case Note & Summary
The petitioner, Dilip S. Shetye, a convict prisoner serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking a writ of mandamus to quash the minutes of the State Sentence Review Board meeting held on 25/9/2019 regarding his case and to direct the Board to reconsider his premature release afresh. He also sought compensation. The court heard the counsel for the petitioner, Shri T. George John, and the Additional Public Prosecutor, Shri Pravin N. Faldessai. The Additional Public Prosecutor stated that the State Review Board was scheduled to meet in April 2020 and that the petitioner's case would be considered afresh, notwithstanding the earlier decision. The court accepted this statement and directed that the case be considered by the Board in its April 2020 meeting, uninfluenced by its earlier decision, and that the Board take into consideration the report of the learned Sessions Judge dated 15/2/2020 recommending the petitioner's release. The court held that this addressed the relief sought in prayer clause (a) and substantially worked out the relief in prayer clause (b). However, the court declined the relief of compensation, finding no case made out for it in the facts of the matter. The petition was disposed of accordingly.
Headnote
A) Criminal Law - Premature Release - State Review Board - Mandamus - The petitioner, a convict, sought quashing of the Board's minutes dated 25/9/2019 and direction for fresh consideration of his premature release. The court accepted the State's statement that the Board would meet in April 2020 and directed reconsideration uninfluenced by the earlier decision, taking into account the Sessions Judge's report dated 15/2/2020 recommending release. Held that the relief in prayer (a) was addressed and no case for compensation was made out (Paras 4-9).
Issue of Consideration
Whether the State Review Board's decision rejecting the petitioner's premature release should be quashed and the Board directed to reconsider the matter afresh.
Final Decision
The court directed the State Review Board to consider the petitioner's case for premature release in its meeting scheduled in April 2020, uninfluenced by its earlier decision, and to take into consideration the Sessions Judge's report dated 15/2/2020 recommending release. The relief of compensation was declined.
Law Points
- Premature release
- State Review Board
- Mandamus
- Certiorari
- Compensation
