BENJAMIN MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) <DJG>R.R.PRASAD,J.</DJG> Before proceeding with the matter, the order passed in this case on 7.5.2015 needs to be recorded which reads as follows:

(2.) When the matter was taken up, Mr. Rajendra Prasad Gupta, learned counsel appearing for the petitioner submits that the said case [W.P.(Cr.) No.48 of 2014] has already been decided by the Honourable Supreme Court whereby it has been held that accused does have right to be released prematurely in terms of the provision as contained in Sections 432/433 of the Code of Criminal Procedure. At the same time, that power under Sections 432 and 433 are to be exercised by the appropriate Government statutorily meaning thereby that right of a convict is there of being prematurely released in terms of the provision as contained in Sections 432 and 433 of the Code of Criminal Procedure.

(3.) Having perused the judgment referred to above, it be stated that number of questions were framed among which the question no.52.2 was also there which reads as follows: