KANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a writ petition seeking writ in the nature of habeas corpus.

(2.) The petitioner having been sentenced to life imprisonment seeks premature release on the ground that he has completed more than fourteen years of physical imprisonment and twenty years if remission is granted. He challenges the correctness of the decision of the State Sentence Remission Board as contained in resolution dated 21.12.2010 (Annexure-2) wherein the petitioner who is already sixty one years' old has been refused to be granted premature release only on the ground that he had been sentenced to death which has been commuted to life imprisonment in appeal by a Division Bench of the High Court but as he was held guilty of murdering a public servant, he was not entitled to premature release. The correctness of this view is under challenge.

(3.) We directed the State to file a comprehensive counter affidavit to bring oh record all circulars, executive instructions and any provision which deals with premature release of sentenced accused.