LAWS(PAT)-2017-8-131

HARISHCHANDRA PRASAD Vs. STATE OF BIHAR

Decided On August 17, 2017
Harishchandra Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner has approached this Court for a direction to the respondent authorities for premature release of his son, namely, Ajit Kumar @ Ajit Prasad in terms of sentencing policy of the State Government. The son of the petitioner was convicted in Sessions Trial No. 545/2001 arising out of Silao (Chabilapur) P.S. Case No. 88 of 2001 and was sentenced to undergo life imprisonment vide judgment and order dated 26.02.2005 and 4.03.2005 respectively. Thereafter, he was also convicted in Sessions Trial No. 499/2001 arising out of Bihar P.S. Case No. 118 of 2001 and was sentenced to undergo life imprisonment vide judgment and order dated 16.04.2007 and 23.04.2007 respectively.

(3.) It has been urged on behalf of the petitioner that his son has completed 14 years of actual conviction and more than 20 years with remission in both the cases and, hence, he should be directed to be released prematurely as per the Bihar State Sentence Remission Policy.