BUTAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was convicted for an offence under Sec. 396 I.P.C. under the judgement of the trial court that was passed in the year 2004. The petitioner contends that the Remission Board has exercised its discretion mechanically, without taking into account similar cases which should also have been dealt with by the Remission Board. Further, reliance has been placed on the judgement in C.W.J.C. No. 1245 of 2016 decided on 15th of December, 2016 to contend that such concessions have been awarded by this Court in similar matters. Learned counsel contends that keeping in view the nature of the offence and the fact that the petitioner is under custody as an under-trial from 1986 onwards itself, he has already completed more than 14 years of incarceration and, therefore, he deserved a consideration for remission in his sentence.

(2.) We have considered the submissions raised and the decision in the case of Sheikh Harun decided on 25 th of July, 2017 in C.W.J.C. No.1149 of 2017, this Court found that in that case it was an offence of murder of the wife of the convict. However, it was not found to be a commission of an offence in an organized manner and, ultimately, quashed the order of the Remission Board for consideration afresh in the light of the observations made therein.

(3.) On facts, the case of the petitioner does not stand on a similar footing inasmuch as the petitioner has been convicted in a case of armed dacoity and, consequently, no comparison can be drawn between the facts of the case of Sheikh Harun (supra) and that of the petitioner.