After 17 Years In Prison, Karnataka HC Directs Committee To Consider Premature Release Of Two Life Convicts Granted Bail In Pending Case

The petitioners were serving life sentences for offences under Sections 302 and 452 read with Section 34 of the Indian Penal Code (IPC).

They had undergone more than 17 years’ imprisonment and sought premature release.

The Advisory Committee declined their request because S.C. No. 36/2011 was pending against them; the petitioners challenged the Superintendent’s endorsement communicating that decision.

The petitioners had been granted bail in the pending case, as recorded in the order sheet dated 21 November 2024.

The Court referred to the Supreme Court’s decision in Sharafat Ali v. State of Uttar Pradesh, (2022) 13 SCC 186, and the Life Convicts Premature Release Guidelines dated 21 April 2020, as relevant to consideration of premature release.

It also relied on the coordinate Bench’s order in W.P. No. 35536/2025, which directed premature release where the prisoner was otherwise qualified but release had been withheld because of pending proceedings, subject to the prisoner being granted bail in those proceedings.

The Committee’s stated reason for rejecting the petitioners’ request was the pendency of S.C. No. 36/2011.

The record showed, however, that the petitioners had been granted bail in that case.

Applying the approach taken by the coordinate Bench and referring to the governing Guidelines and Sharafat Ali, the Court considered reconsideration appropriate.

It directed the respondents to consider the petitioners’ cases in light of the coordinate Bench’s order, rather than ordering their immediate release.

The respondents were directed to consider the petitioners’ premature-release cases, taking into account the order in W.P. No. 35536/2025, at the next scheduled meeting of the Advisory Committee.

The Court did not itself order the petitioners’ release.