JAGAT SAH, SON OF LATE TILAK SAH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BIHAR, PATNA

JUDGEMENT

(1.) The petitioner was convicted for an offence under Sections 302/34 of Indian Penal Code and sentenced to imprisonment for life. This sentence was not interfered in appeals. He has filed this writ petition for his early release on the ground that he had served more than 14 years of physical imprisonment and, with remission, more than 20 years and, as such, under the policy of the State as per the Jail Manual enacted with reference to Sec. 59 of the Prisons Act, 1894, he was entitled to early release. His further case is that his case was put up before the State Sentence Remission Board (for brevity, the Board). There was no adverse report of the Probationary Officer, Jail Superintendent yet he has not been released. He has annexed the communication of the Board. He, thus, submits that denial of his release is violation of his rights.

(2.) Shri Prabhu Narayan Mishra, Assistant Counsel to Advocate General draws attention of this Court to the report of the trial Court and points out that the report, not being in accordance with the requirements of Sec. 432 (2) of the Code Criminal Procedure (for brevity, Cr.P.C.), the Board rightly asked for the report afresh. The report is Annexure 3 to the writ petition. All we can say is it is an apology for a report of the kind that is required under Sec. 432 (2) of Cr.P.C.

(3.) To appreciate the requirements of the said Section, here we are quoting Sec. 432 (2) of Crimial P.C. :