105-year-old murder convict granted relief after Supreme Court closes 1988 case

The Supreme Court on Friday waived the remaining sentence of an over 105-year-old life convict from West Bengal, considering his advanced age and failing health.

Weighing humanitarian consideration, a bench headed by Chief Justice of India (CJI) Surya Kant enquired if the petitioner Rasik Chandra Mondal was still alive. “Is he still alive,” asked the bench, to which advocate JP Dhanda, who has represented Mondal’s case since 2020, remarked, “Yes, he is very much alive. Only that he cannot move and has other health ailments.”

Realising the precarious nature of the case where the accused may or may not survive for long, the bench, also comprising justices Joymalya Bagchi and V Mohana, decided to allow his premature release. The court said, “Having regard to the age of the petitioner, we close the case and waive the remaining sentence, if any.”

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1988 murder case led to life sentence, decades-long legal battle

Mondal was accused in a murder case along with his three sons and two others in a case registered at Malda district in West Bengal in November 1988. The case went to trial and a district court in Malda held him guilty in 1994 and sentenced him to life term. He moved the Calcutta HC which upheld the conviction and punishment in 2018. The matter then came to the SC which dismissed his appeal in March 2019.

In 2020, Mondal approached the top court, seeking premature release. By then he was already 99 years old. In November 2024, the top court granted him interim bail on his plea that he was suffering from multiple ailments.

In July this year, the court granted four weeks to the state to take instructions with regard to his health and his ability to pursue the matter. On Friday, the court ordered his release.