PANKAJ SINGH & ANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) We have carefully considered the judgment under appeal as well as other relevant records. In our opinion, the concurrent finding of fact recorded by the two courts below about the involvement of the appellants in the commission of crime is unexceptional. The defence of the appellants that they were not present at the scene of offence at the relevant time has been carefully considered by the Trial Court as well as the High Court and we see no reason to deviate from the said conclusion. Taking any view of the matter, the appeal must fail.

(3.) Learned counsel for the appellants would then submit that the appellants have already undergone sentence period of almost 15 years and they may be released on the basis of sentence already undergone. It is not possible to accede to this request. It will, however, be open to the appellants to take recourse to the remedy for premature release before the Competent Authority; and if such application is filed, we have no manner of doubt that the concerned Authority will examine the same on its own merits in accordance with law expeditiously.