Case Note & Summary
The petitioner, a life convict, filed a criminal writ petition seeking directions to the State Government to accept the recommendation of the State Sentence Review Board (SSRB) and prematurely release him. The petitioner was convicted in 2014 for offences under Sections 201, 302, 364-A read with Section 120-B of the Indian Penal Code, 1860, and Section 8 of the Goa Children's Act, 2003, and sentenced to life imprisonment. His appeal was dismissed in 2019. After completing over 14 years of actual imprisonment, the SSRB recommended his premature release in 2020, but the State rejected it based on the convicting court's negative opinion. The petitioner challenged this rejection, but the High Court dismissed his petition in 2022 because the mandatory minimum period was not complete. Upon completion, the SSRB initially did not recommend release in 2024, but that decision was set aside by the High Court in May 2025, directing fresh consideration. The SSRB then recommended release in May 2025. The State again sought the convicting court's opinion, which remained negative, and rejected the recommendation in August 2025. This rejection was set aside by the High Court in December 2025, directing reconsideration. On reconsideration, the State again rejected the release in January 2026 based on the convicting court's opinion. Consequently, the petitioner filed the present petition assailing the State's decision and the convicting court's opinion. The petitioner argued that the Goa Prison Rules, 2006 applied and certain rules should be considered. The judgment text ends before the respondents' submissions and the court's analysis, so the final decision is not available.
Issue of Consideration
Whether the State Government's rejection of premature release based solely on the opinion of the convicting Court is valid; whether the Petitioner is entitled to premature release upon completing 14 years of imprisonment and receiving a favourable recommendation from the State Sentence Review Board.
Case Details
2026 LawText (BOM) (08) 40
Criminal Writ Petition No. 109 of 2026(F) along with Criminal Misc. Application Nos. 133 and 156 of 2026 (F)
Dr. Neela Gokhale, Amit S. Jamsandekar
Mr. Mark Valadares, Ms. Swati S. Kamat Wagh, Ms. Ashita Gawade, Mr. Deepak Gaonkar, Mr. Akhil Govekar, Mr. Preetam Talaulikar
Mr. Jovita Ryan Dos. Remedios Pinto
The State of Goa and Inspector General of Prisons
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking direction to State Government to accept SSRB recommendation and release petitioner prematurely.
Remedy Sought
Petitioner seeks quashing of State's letter dated 15th January 2026 rejecting premature release and direction to accept SSRB recommendation.
Filing Reason
State rejected SSRB's second recommendation based on convicting court's negative opinion, despite High Court's earlier direction to reconsider.
Previous Decisions
Multiple rounds of litigation: Conviction on 23/06/2014; appeal dismissed on 04/03/2019; first SSRB recommendation on 18/09/2020 rejected by State on 10/05/2021; challenge in WPCR 467/2021 dismissed on 03/08/2022; second SSRB consideration on 04/12/2024 did not recommend, set aside by High Court on 08/05/2025 in WPCR 331/2025; fresh SSRB recommendation on 21/05/2025, rejected by State on 20/08/2025, set aside by High Court on 17/12/2025 in WPCR 1029/2025; State reconsidered and again rejected on 15/01/2026.
Issues
Whether the State Government's rejection of premature release solely based on the opinion of the convicting Court is valid and in accordance with the Goa Prison Rules, 2006 and the parameters for premature release.
Whether the Petitioner, having completed over 14 years of actual imprisonment and receiving a favourable recommendation from the SSRB, is entitled to premature release.
Submissions/Arguments
Petitioner argued that the Goa Prison Rules, 2006 prevailing on the date of conviction apply to the Petitioner's case and attention was drawn to Rules 397 to 404.
Judgment Excerpts
The Petitioner, currently serving a life imprisonment sentence for a crime committed in 2006 punishable under Sections 201, 302, 364-A read with Section 120–B of the Indian Penal Code, 1860 (‘ IPC ’) and Section 8 of the Goa Children’s Act, 2003 (‘ Children’s Act ’), is seeking appropriate direction to the State Government to accept the recommendation of the State Sentence Review Board (‘ SSRB ’) and release him prematurely.
The SSRB, at its meeting on 18 th September 2020, recommended the Petitioner’s case for premature release from prison. Thereafter, Respondent No. 1 sought the opinion of the convicting Court. The convicting Court, by its letter dated 5 th March 2021, opined against recommending premature release of the Petitioner, considering the heinous nature of the crime, the plight of the deceased victim’s parents, the apprehension of the Superintendent of Police (North Goa) regarding the possibility of the Petitioner threatening the prosecution’s witnesses, and the apprehension of him committing another crime.
Mr. Mark Valadares, learned Counsel appearing for the Petitioner, pointed out at the outset that the Goa Prison Rules, 2006 prevailing on the date of conviction apply to the Petitioner’s case. Attention was drawn to Rules 397 to 404 of t...
Procedural History
The Petitioner was convicted on 23/06/2014 by the Children's Court, Panaji for offences under IPC and Goa Children's Act, sentenced to life imprisonment. His appeal was dismissed by the High Court on 04/03/2019. SSRB first recommended premature release on 18/09/2020, but State rejected on 10/05/2021 based on convicting court's negative opinion. The Petitioner challenged this in Criminal Writ Petition No. 467 of 2021(F), which was dismissed on 03/08/2022 as he had not completed 14 years of actual imprisonment. After completing 14 years, SSRB on 04/12/2024 did not recommend release; this was challenged in Criminal Writ Petition No. 331 of 2025 (F) and set aside by High Court on 08/05/2025, directing fresh consideration. SSRB then on 21/05/2025 recommended release. State sought convicting court's opinion again, which was negative on 06/08/2025, leading to rejection on 20/08/2025. The Petitioner challenged this in Criminal Writ Petition No. 1029 of 2025 (F) and the High Court on 17/12/2025 set aside the rejection, directing reconsideration. State reconsidered but again rejected on 15/01/2026. Hence, the present petition was filed.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 201, 302, 364-A, 120-B
- Goa Children's Act, 2003: 8
- Code of Criminal Procedure, 1973 (CrPC): 433-A
- Goa Prison Rules, 2006: 397-404
