ABDULLAH ANSARI (MALE) Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was convicted and sentenced under the order of the Sessions Judge, West Champaran, Bettiah dated 23rd December, 1987 in Sessions Trial No. 193 of 1983, under Sections 302/34 and 201 of Indian Penal Code. The sentence awarded was life imprisonment.

(2.) According to the admission in Paragraph-13 of the petition, the petitioner states that he has completed more than 12 years of incarceration and, therefore, applying the policy as adopted and incorporated in Rule 529 of the Bihar Jail Manual vide Notification dated 10th December, 2002, the case of the petitioner deserves to be considered for remission, as a convicted prisoner, undergoing life sentence on attaining the age of 65 years and having served at least seven years, is entitled for the same.

(3.) Learned counsel for the State of Bihar, however, opposes this petition and contends that the policy of 10th December, 2002 would not be applicable in the present case as the date of conviction is of the year 1987 when there was a different policy applicable promulgated on 19th February, 1984. According to the same, the minimum years to be undergone for the purpose of consideration of remission is 14 years which the petitioner has not yet completed. This is evident from Clause 2- Ka of the said notification.