RAMESH RAI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The present application has been filed, under Articles 226 and 227 of the Constitution of India, seeking issuance of writ, in the nature of writ habeas corpus, for release of the father of the petitioner forthwith, who, after having been sentenced to undergo imprisonment for life for an offence committed under Sec. 302 read with Sec. 34 of the Indian Penal Code, has completed 10 years of custody.

(2.) For the purpose of seeking the aforesaid relief, the petitioner has heavily relied on a notification, dated 10th Dec., 2002, issued by the Home (Special) Department, Government of Bihar, introducing amendment in Rule 529 of the Bihar Prison Manual. The said Rule enlists the category of convict prisoners, whose cases can be considered by State Remission Board for his/her premature release. One of the categories is of such persons, who after having been convicted of and sentenced to undergo imprisonment for life, have suffered 7 years of imprisonment with remission, after completing 65 years of age.

(3.) It is the case of the petitioner that his father, namely, Sabha Rai, is more than 65 years of age and, accordingly, he is eligible to be considered for his premature release by the State Remission Board.