MUNILAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Advocate General no. 3 for the respondents.

(2.) The petitioner has filed the instant application for the following reliefs :

(3.) The case of the petitioner in brief is that the petitioner was convicted vide judgment and order dtd. 25/9/2006 under Sec. 302 and 376 of the Indian Penal Code in Sessions Trial no. 827 of 2004/117 of 2004 and was sentenced to death by the learned Additional Sessions Judge, Fast Track Court No. II, Samastipur. The petitioner preferred Cr. Appeal no. 1128 of 2006 in the Patna High Court which was heard along with Death Reference no. 7 of 2006 and by judgment dtd. 4/1/2008 the Division Bench of this Court, though upholding the conviction of the petitioner converted the capital punishment of death to life imprisonment. The petitioner having completed 14 years 11 months 20 days of physical incarceration and 19 years 11 months 16 days with remission requested the Jail Superintendent, Special Central Jail, Bhagalpur to send the proposal for his premature release to the State Remission Board. Thereafter, the petitioner filed Cr.W.J.C no. 1105 of 2019 which was disposed of by order dtd. 20/8/2019 in view of the stand taken therein by the respondents that the matter of the petitioner shall be put up before the Remission Board in its next meeting for consideration.