WP(C)/278/2026 of Shri Sumit Choudhury Vs The State of Tripura and 2 others on 23 April 2026

Order

23/04/2026

When the matter is called upon, both sides are present. The petitioner by filing the instant writ petition has sought for a direction directing the respondents to release the petitioner on Parole from the Jail for a period of 30 days on account of attending and performing the 1st yearly Shraddhya Ceremony of the elder cousin brother of the petitioner and other works relating to family affairs. Learned counsel for the petitioner has submitted that if the petitioner is allowed to be released on Parole, he would abide by the directions as imposed by this Court and would not act in any manner to misuse the said privilege. Learned PP raised objection and has submitted a report in connection with the representation for parole submitted by the petitioner. From the writ petition it is seen that the Shraddhya ceremony is scheduled to be fixed on 28.04.2026. This Court is of the opinion that right of a citizen to avail a legal remedy before the court of law, which may often be the last ray of hope, cannot be denied. Parole is a conditional release There is no reasonable apprehension that the petitioner, if released on parole, may not return back to jail to undergo the remaining portion of the sentence awarded to him, or that he may escape the law. Since the appeal has been already disposed of, there is no possibility of his intimidating or harming those who have deposed against him. In fact, the status report does not reveal any such possibility. However, on written instruction obtained by the learned PP in this regard, the present application seeking Parole stands allowed with the following conditions:

(i) The convict-petitioner shall be released on Parole for a period of 2(two) days i.e. from 27.04.2026 morning before 10.00 a.m. to attend the Shraddha Ceremony of his cousin brother scheduled to be held on 28.04.2026, and he shall again report to the concerned Jail Authority on 29.04.2026 morning before 10.00 a.m.;

(ii) The concerned DM & Collector, West Tripura, and also the Officer-in-Charge of East Agartala PS shall take all steps for providing sufficient escort alongwith the appellant-petitioner for these 2(two) days from 27.04.2026 to 29.04.2026, as indicated above, and further shall ensure that the convict-petitioner again report to the concerned Jail Authority on the scheduled date.

(iii) The convict-petitioner shall not involve in any unlawful activities during the period of Parole and shall co-operate with the escorted police officers;

(iv) The petitioner shall not leave the jurisdiction of the concerned police station during the period of parole;

(v) The petitioner shall furnish his mobile number to the concerned jail authorities and to the Investigating Officer and keep it operational at all times during his period of Parole. With the above observation and direction, the instant writ petition stands allowed and thus disposed.

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