RAMESHWAR BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has approached this Court for declaration that he has already served sentence upon his conviction taking into account the remissions allowable under various provisions of the Bihar Jail Manual, and therefore, direction may be issued to the respondents to release him forthwith.

(2.) THE petitioner is a convict under Section 376 of the Indian Penal Code in Sessions Trial No. 318 of 1996 by the Court of 9th Additional Sessions Judge, Patna. By judgment and order dated 7.11.98, he was convicted and sentenced to 10 years rigorous imprisonment. He challenged his conviction and sentence in this Court in Cr. Appeal No. 1/99 which was dismissed on 24.11.2002 and the conviction and sentences awarded by the trial Court was upheld.

(3.) THE case of the respondents is that the petitioner is entitled to set off of the period from 5.2.95 (when he was taken into custody) to 6.11.98 (when he was convicted) i.e. 3 years 9 months and 1 day under Section 428 of the Criminal Procedure Code. For the said period he is not entitled to any remission under the Jail Manual as he was an under trial prisoner upto 6.11.98. He is entitled to remission as a convict under the Jail Manual only from 7.11.98. He has been granted remission for 487 days i.e. 1 year 4 months and 7 days upto March, 2003. Taking into consideration the period of imprisonment as under trial prisoner and remission (upto March, 2003) his probable date of release is 29.9.2003. It may be mentioned that at the time of final hearing on 16.7.2003 it was stated on behalf of the respondents that for the second quarter of the year 2003 (from April to June, 2003) the petitioner has been allowed further 23 days&apos remission and accordingly, his probable date of release now is 6.9.2003.