Petitioner sought release on remission after serving life sentence. Court dismissed plea, directing consideration only after Supreme Court lifts restraint on remission for life convicts.
Writ application disposed of directing consideration if Supreme Court vacates restraint order.
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Patna High Court Cr. WJC No.247 of 2015 (2) dt.02-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.247 of 2015
====================================================== Ramesh Chandra Sinha
.... .... Petitioner/s Versus The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna & Ors .... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ram Shankar Das For the Respondent/s : Mr. Vikas Kumar, A.C. to A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA
and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)
2 02-04-2015
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks a direction on the respondents to release the petitioner from jail in the light of remission policy of the State initiated in terms of the provisions of the Code of Criminal Procedure on the ground that he has already served punishment for life and undergone completed sentence on 19.7.2014 for 20 years.
In the counter affidavit filed on behalf of the State, the stand has been taken that the petitioner has spent 14 years of incarceration on 4.5.2014 and along with the remission period earned by him he would complete a total period of incarceration for 20 years on 19.7.2014. It is submitted that earlier a proposal was sent by the Superintendent, Adarsh Kendriya Kara, Beur vide Memo dated 14.4.2014, but at that time the petitioner had not
Patna High Court Cr. WJC No.247 of 2015 (2) dt.02-04-2015
completed 20 years of incarceration with remission. Again a proposal vide memo dated 4.9.2014 sent by the Superintendent could not be considered by the State Remission Board in view of the order dated 9.7.2014 passed in WP (Crl.) 48/2014: Union of India vs. Sriharan @ Murgan and others by the Apex Court by which the State Governments were restrained from exercising power of remission to life convicts. It is further submitted that the said order has not been modified till date.
It is also submitted in the counter affidavit that as soon as the Apex Court shall vacate the restriction on remission, the matter would be considered by the State Remission Board and action will be taken accordingly by the Department.
In view of the aforesaid factual position enumerated in the counter affidavit and the stand of the State, the writ application is disposed of with the direction that the case of the petitioner shall be considered either in case the restraint order is vacated by the Apex Court or in accordance with any direction that may be issued by the Apex Court in the aforesaid matter.
V.P.Sinha/-
(Ramesh Kumar Datta, J)
(Anjana Mishra, J)
U
2 issues framed by the court
Whether the petitioner should be released on remission having completed 20 years of incarceration.
Whether to consider the remission proposal in light of the Supreme Court restraint order.
Colour shows how this judgement treated each authority
Union of India vs. Sriharan @ MurganReferred¶13
WP (Crl.) 48/2014: Union of India vs. Sriharan @ Murgan and others
1 provisions across 1 enactments
Ramesh Chandra Sinha
State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna & Ors
Ramesh Kumar Datta
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
