RAJO @ RAJWA @ RAJENDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable under Sec. 302/34 of the Indian Penal Code, 1860 and Sec. 27 of the Arms Act, 1959 approaches this court under its Article 32 jurisdiction, seeking appropriate direction to the first respondent to prematurely release him, on the ground that he has been in custody for 24 years without grant of remission or parole.

(2.) The petitioner (aged 40, at the time), with three other co-accused persons, was convicted [By the Sessions Court, Madhepura in Sessions Case No. 123/2000 and Sessions Case No. 194/2000] on 24/5/2001 for the murder of three persons - two of which were police personnel (dafadars) and the third being a chowkidar, who were all on duty during a village mela - by indiscriminate firing, while they were waiting to be served food. The petitioner was accused to be one among those who had shot at the deceased victims, in a premediated and planned manner. The trial court sentenced the petitioner and three other co-accused persons to undergo rigorous imprisonment for life; while three other accused were acquitted on all charges. A co-accused (Baudha Mandal), who was the first to fire at the victims, was killed during the pendency of investigation/trial in a police encounter. The petitioner's conviction and sentence (along with that of three other co-accused convicts), was affirmed by the High Court on 1/9/2005. [By the Patna High Court in Criminal Appeal No. 327/2001 (which was disposed along with Criminal Appeal No 309/2001, filed by three co-accused persons)] Owing to a lack of means and awareness, the petitioner could not approach this court to challenge the same, and his conviction by the High Court, attained finality.

(3.) Pursuant to an order of this court, after notice was issued, the respondentstate has filed an affidavit indicating the computation of his period of sentence undergone, the status of his plea for remission to be granted, as well as the remission policies (as amended from time to time) of the state government. This affidavit confirms that the petitioner long completed 14 years of actual imprisonment (on 19/7/2013), and in fact has, as on 26/7/2023, completed over 24 years of actual imprisonment. Accounting for the remission earned (of over 4 years and 8 months of remission, i.e., a total 1694 days), he has served 28 years, 8 months and 21 days. It is pertinent to mention that he completed 20 years of actual imprisonment on 19/7/2019, and if computed with remission earned as per prevailing rules, then on 5/11/2014 itself.