Balasubramanian vs. State Of Tamil Nadu
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Abhay S. Oka, Hon'ble Ujjal Bhuyan
Stage:
AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Disposed off [IR to continue for 6 weeks]
Listed On:
13 May 2024
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(Criminal) No.138/2024
BALASUBRAMANIAN Petitioner(s)
VERSUS
STATE OF TAMIL NADU Respondent(s)
(FOR ADMISSION and IA No.66056/2024-GRANT OF INTERIM RELIEF)
Date : 13-05-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN
- For Petitioner(s) Mr. P.R.Kovilan Poongkuntran, Adv. Mrs. Geetha Kovilan, AOR Ms. Jubli Momalia, Adv. Mrs. K Priya, Adv.
- For Respondent(s) Mr. D.Kumanan, AOR Mr. Sheikh F. Kalia, Adv. Mrs. Deepa. S, Adv. Mr. Veshal Tyagi, Adv. Mr. Chinmay Anand Panigrahi, Adv.
UPON hearing the counsel the Court made the following O R D E R
Heard learned counsel appearing for the parties.
It is not in dispute that as of today, the petitioner has undergone incarceration for a period of more than 10 years. A coconvict has been granted benefit of the remission by order the dated 28th September, 2022. As of today, we find no difference in the case of the petitioner and the case of the co-convict covered by the order dated 28th September, 2022. Digitally signed by KAVITA PAHUJA Date: 2024.05.15 12:21:09 IST Reason: Signature Not Verified
1
Therefore, we direct the State to consider the case of the petitioner for pre-mature release after taking into consideration the order dated 28th September, 2022 passed in favour of the coconvict.
The necessary order shall be passed by the State within a maximum period of four weeks from today.
The writ petition is, accordingly, disposed of.
Interim relief granted by this Court to continue for six weeks from today. The concerned authority of the State Government shall act upon a copy of this order furnished by the Standing Counsel for the State.
(KAVITA PAHUJA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.50 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(Criminal) No.138/2024
BALASUBRAMANIAN Petitioner(s)
VERSUS
STATE OF TAMIL NADU Respondent(s)
(FOR ADMISSION and IA No.66056/2024-GRANT OF INTERIM RELIEF) + Date : 13-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN
- For Petitioner(s) Mr. P.R.Kovilan Poongkuntran, Adv. Mrs. Geetha Kovilan, AOR Ms. Jubli Momalia, Adv. Mrs. K Priya, Adv.
- For Respondent(s) Mr. D.Kumanan, AOR Mr. Sheikh F. Kalia, Adv. Mrs. Deepa. S, Adv. Mr. Veshal Tyagi, Adv. Mr. Chinmay Anand Panigrahi, Adv.
UPON hearing the counsel the Court made the following O R D E R
Heard learned counsel appearing for the parties.
It is not in dispute that as of today, the petitioner has undergone incarceration for a period of more than 10 years. A coconvict has been granted benefit of the remission by order the dated 28th September, 2022. As of today, we find no difference in the case of the petitioner and the case of the co-convict covered by the order dated 28th September, 2022.
3
Therefore, we direct the State to consider the case of the petitioner for pre-mature release after taking into consideration the order dated 28th September, 2022 passed in favour of the coconvict.
The necessary order shall be passed by the State within a maximum period of four months from today.
The writ petition is, accordingly, disposed of.
Interim relief granted by this Court to continue for six weeks from today. The concerned authority of the State Government shall act upon a copy of this order furnished by the Standing Counsel for the State.
(KAVITA PAHUJA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)