SHYAM RATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has been registered under the Orders of Hon'ble the Chief Justice treating an application filed by one Shyam Rati Devi as criminal writ petition.

(2.) The petitioner claims to be the wife of one Ram Naresh Mahto, who was convicted on 19-5-1990 under Section 302 and other sections of the Indian Penal Code (hereinafter referred to as 'the Penal Code') and sentenced to imprisonment for life. He was arrested and taken in custody on 7-6-1977 and since then he is in jail. According to the petitioner, her husband remained in jail for twelve years, five months and twelve days till 22-1-1990 when this petition was sent to this Court. It is stated in the petition that Ram Naresh Mahto earned remission of ten months and eighteen days on the Birth Centenary Celeberation of late Dr. Rajendra Prasad, the first President of this country. He earned further remission of seven months on the occasion of the Birth Centenary of late Pt. Jawahar Lal Nehru, the first Prime Minister of India. The total period of detention, together with the remission earned by the husband of the petitioner, would be more than fourteen years and, thus, he is entitled for premature release from jail. It is also stated that the petitioner is issueless and there is none to look after her and hence this petition deserves sympathetic consideration.

(3.) A counter affidavit was filed on 8-3-1990 on behalf of respondent no. 3, the Superintendent, Central Jail, Patna, from which it appears that the husband of the petitioner was convicted on 19-5-1990 under Section 302, read with Section 149 of the Penal Code by the IInd Additional Sessions Judge, Patna, in Sessions Trial No. 16 of 1978 and was sentenced to undergo imprisonment for life. It is not denied that Ram Naresh Mahto was arrested and remanded to jail custody on 7-6-1977 and remained there as undertrial prisoner till 18-5-1980. It is mentioned therein that as a convict, he had remained in jail for nine years, nine months and nineteen days on the date of filing of the counter-affidavit. It is also stated in the counter-affidavit that he has earned remission of five years, two months and three days. Thus, upon calculation, the period of detention of the husband of the patitioner, together with remission earned, would be seventeen years, eleven months and two days. According to the said respondent, Ram Naresh Mahto is not legally entitled for premature release from jail.