MUNNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been listed before us pursuant to the order dtd. 24/11/2023 passed by the learned Single Judge, whereby the learned Single Judge has observed that the issue involved in the present petition be decided by the larger Bench in view of the conflicting decision rendered by two different Benches of the learned Single Judge.

(2.) The present writ petition has been filed by the petitioner-prisoner under Article 226 of the Constitution of India, in which the petitioner has challenged the decision dtd. 9/9/2022 taken by the State Sentence Remission Board (hereinafter referred to as 'the Board'). By the impugned decision, the Board has rejected the proposal for premature release of the petitioner on the ground that the case of the petitioner would be covered under Clause (iv) (?) of the Notification No. 3106 dtd. 10/12/2002 issued by the Home (Special) Department, Government of Bihar. Petitioner has prayed that the impugned decision be quashed and set aside and thereby respondents be directed to reconsider the case of the petitioner for premature release.

(3.) The factual matrix of the present case is as under: -