JUGNU MAHTO @ RUPLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for a direction upon the respondents to release the petitioners from the imprisonment forthwith in terms of the Government Resolution contained in Memo No. 1315 dated 18.4.2007 as the petitioners sentenced for life imprisonment on being found guilty have served sentence for more than 25 years including the period of remission.

(2.) A data furnished on behalf of the petitioners which is part of the writ application showing the number of the case in which each of the petitioner was convicted, the period of custody, period of remission and the period of custody with remission is being reproduced hereinbelow:

(3.) A counter affidavit has been filed on behalf of the respondents that the case of the petitioner when was placed before the "State Sentence Review Board", the Board did feel that the clause with respect to release of a convict after completion of 25 years of imprisonment including the period of remission put in the Resolution No. 1315 dated 18.4.2007 is not inconsonance with the guideline laid down by the Hon'ble Supreme Court in a case of Laxman Nasker V/s. Union of India AIR 2000 SC 986 as according to the said decision life sentence is nothing less than lifelong imprisonment and, therefore, the matter has been referred to the Government for consideration for the necessary amendment in the said resolution and under this situation, the matter relating to release of the petitioner was kept in abeyance.