HAKIM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed seeking direction upon the respondents to give full benefit of the remission provisions of the Bihar Jail Manual to the petitioner and upon so giving the benefit, order his release.

(2.) THE petitioner is serving sentence of life imprisonment for having committed offence under section 302 of the Penal Code, apart from conviction under section 27 of the Arms Act.

(3.) NOT satisfied with the affidavit, on the ground that it does not indicate the breaks -up of remission allowable under the different provisions of the Bihar Jail Manual, Counsel for the petitioner submitted that as the petitioner is entitled to different kinds of remissions under Rules 715, 716, 719 and 725 of the Manual, the order/affidavit should have indicated as to under which rule/rules remissions have been allowed and the extent of remissions in terms of those rules. In its order dated 5.4.2002 this Court clarified that rule 715 and rule 716 are mutually inclusive as remission under rule 716 can be allowed only in lieu of remissions allowable under section 715, and similarly under rule 719 persons doing personal service as cook and sweeper on Sundays and holidays alone are entitled to remission, in addition to any other remission under different rules of the Manual. The Court also clarified that rule 725 contemplates special remission to persons other than those undergoing sentence referred to in rule 711 for special services rendered by them and same cannot be claimed as a matter of right. The Court, however, observed that the petitioner is entitled to know as to how many days of remission has been allowed under rule 719, and similarly, as to whether his case for special remission under rule 725 has been considered by the authority or not.