BEDI NAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was tried in Sessions Trial No. 250 of 1978 for an offence punishable under Sec. 302/34 of the Indian Penal Code. He was sentenced to undergo imprisonment for life by judgment and order dated 14th Oct., 1980. The petitioner claims that he has been in jail for about 17 years including remission. Annexure-2 issued by the Superintendent of the Central Jail, Ranchi, discloses that the sentence was pronounced against the petitioner on 14-10-1980. The sentence has been described in the aforesaid annexure as 20 years. The actual period of imprisonment undergone by the petitioner as on 1-3-1989 is 8 years 4 months and 17 days, the period of remission granted to the petitioner is 4 years 5 months and 20 days and the petitioner was in jail custody pending trial for 2 years 1 month and 20 days. On this basis, it has been calculated in Annexure-2 that the petitioner should be released on 5th of March, 1994. The petitioner claims that he is entitled to be prematurely released in view of the fact that he has undergone over 8 years of imprisonment including remission.

(2.) With reference to Annexure-3, a letter dated, 17-1-1989 written by the Inspector General of Prisoners, Bihar to all Superintendents of Jails, it was submitted on behalf of the petitioner that this was written in pursuance of the order of the Supreme Court in W. P. (Cri) No 1656/84 that the cases of all prisoners who have undergone a term of imprisonment all more than fourteen years including remission may be submitted to the State Government for consideration of the question of their premature release in accordance with the note of Resolution No. 159-87 (Jails), dated Sept. 6, 1985. The Superintendents of the different Jails in Bihar were ordered to submit the cases of all such prisioners who have undergone imprisonment for more than fourteen years including remissions for consideration of the State Government for their premature release.

(3.) It was urged on behalf of the petitioner that in view of the Judgment of the Supreme Court in Shri Nivas Vs. Delhi Administration, AIR 1982 SC 1391 , of the Patna High Court in Badri Mahto and others Vs. Shri N.K. Choudhary, 1989 BLJR 159 : 1989 East Cr.C. 320 (DB) (RB) and of Ranchi Bench in Original Cr. Misc No. 1 of 1989 (R), the State Government be directed to release the petitioner.