DHARAMDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed on behalf of Dharamdeo Singh who has been convicted in an offence punishable under section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for 10 years by the trial court. However, on appeal the sentence was reduced to four years. The petitioner, being aggrieved by the judgment and orders passed by the courts, filed special leave petition before the Supreme Court, which was dismissed. However, this writ application has been filed for release of the petitioner under the provisions of Rule 548 of the Bihar Jail Manual on the ground that the petitioner is an old man of 85 years of age and he is suffering from senile atrophry of brain and it is submitted that he may die at any point of time. The Jail Doctor has written a letter to the Civil Surgeon -cum -Chief Medical Officer including the Jail Suprintendent alleging therein that the petitioner is suffering from the aforesaid ailment and he is unable to recognise the place and he is also of thp opinion that death can occur at any point of time. Accordingly, it is submitted that the petitioner may be released in terms of Rule 548 of the Bihar Jail Manual . Rule 548 reads thus:

(2.) FROM the aforesaid provision quoted above, the Commissioner of the division can release the convict in terms of Rule 548 aforesaid provided the unexpired period is upto two years. In this case, admittedly, the period is more than two years and, as such, even the Commissioner is not supposed to pass an order in terms of the aforesaid Rule, it is the State Government alone who can release the petitioner.

(3.) HAVING regard to the conditions of the petitioner and further having regard to the recommendation made by the Jail Doctor and further having regard to the fact that the petitioner is 85. years of age, as submitted, the State Government, particularly the Home Secretary is directed to take immediate steps in the matter on the basis of the recommendation made by the Jail Doctor as well as the attending Physician, who has referred the matter to Medical College. Since the matter is urgent one, it requires immediate steps on behalf of the authority. Accordingly, the Home Secretary is directed to take immediate decision within one week from the date of receipt/production of a copy of this order.