MANNU RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed seeking a writ in the nature of mandamus commanding the respondent no.8 to place the case of the petitioner before the State Remission Board (hereinafter referred to as the 'Board') in connection with Session Trial No. 434 of 1990 arising out of Sakra P.S. Case No. 173 of 1989. Further prayer of the petitioner is to direct the Board to grant premature release to the petitioner on the ground that the petitioner has already completed more than ten years of his physical incarceration.

(2.) In the present case, the petitioner has been convicted for offence punishable under Ss. 302/149 of the Indian Penal Code (in short 'IPC') by the learned Additional Sessions Judge, Fast Track Court-IV, Muzaffarpur in Sessions Trial No. 434 of 1990. He has been awarded rigorous imprisonment for life and has been directed to pay a fine of Rs.5,000.00. It is stated that the judgment of conviction and order of sentence passed against the petitioner has been affirmed up to the Hon'ble Supreme Court. The petitioner remained behind the bars from 3/10/1989 to 23/11/1989 and thereafter he was in judicial custody from the date of conviction i.e. 16/5/2006 till he was granted bail on 17/10/2006 in the appeal. After affirmation of conviction in the appeal, the petitioner was put behind the bars from 30/9/2011 and since then he is in incarceration. In paragraph '13' of the petition, it is stated that the petitioner has completed ten years eight months and eight days in custody. This writ application has been filed on or about 14/12/2021, therefore, as on today, the petitioner has completed about thirteen years of incarceration.

(3.) Learned counsel for the petitioner submits that Sec. 432 Cr.P.C. (hereinafter referred to as the 'Cr.P.C.') confers power upon the appropriate government to suspend the execution of sentence or remit the whole part of the punishment of any person. The power of the government to commute a sentence of imprisonment for life to an imprisonment for a term not exceeding fourteen years or with fine is conferred under Sec. 433 Cr.P.C. Sec. 433A Cr.P.C provides restriction on power of remission of commutation in certain cases. It is submitted that according to Sec. 433A Cr.P.C. "Notwithstanding anything contained in Sec. 432 Cr.P.C where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law or where a sentence of death imposed on a person has been commuted in Sec. 433 Cr.P.C. into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment". Learned counsel for the petitioner relies upon Clause (iii) ([k) of Notification as contained in Memo No. 3106 dtd. 10/12/2002 issued by the Department of Home (Special), Government of Bihar (P-2 to the writ application) to submit that the life convict who have completed fourteen years of imprisonment with remission and ten years without remission will be eligible for consideration of their premature release.