BADRI MAHTO Vs. W K CHOWDHARY

JUDGEMENT

(1.) The petitioners have alleged that a direction of this Court in Cr. W.J.C. No. 78 of 1985 (R) has been violated by the condemner opposite party.

(2.) The petitioners were convicted and sentenced under Sec. 302 read with Sec. 149 of the Indian Penal Code ('the Penal Code') to rigorous imprisonment for life. Their appeal to this Court and prayer for special leave to appeal before the Supreme Court also failed and they, thus, were made to serve out the sentence imposed upon them. After serving out for more than 11 years with the remission earned by them when they were not released from jail custody, they filed before this Court Cr. W.J.C. No. 78 of 1985 (R) Relying upon a judgment of the Supreme Court in the case of Sri Niwas and Ors. v/s. : AIR1982SC1391 it Was contended on their behalf that they were aged 14 to 15 years at the time of occurrence and about 20 years at the time of the judgment of the trial Court and so they deserved to be released from jail.

(3.) The learned Government Pleader No. 1 who appeared for the respondents, however, brought to the attention of this Court certain rules particularly Rule 5(2)(9) of tee Jail Manual Rules and contended that the Superintendent of Jail had requested vide office letter No. 1505 dated 21 -6 -1985 the Commissioner of the Division to fix a date for considering and recommending premature release of the petitioners to the Government of Bihar. After considering the competing contention, a Bench of this Court observed: