Ajit Sharma @ Ajit Kumar Sharma v. The State Of Bihar, Through The Principal Secretary, Department Of Home Police, Government Of Biha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1120 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- JEHANABAD =========================================================== Ajit Sharma @ Ajit Kumar Sharma, son of Suresh Sharma, resident of village Shahar Telpa, P.S. Karpi (Shahar Telpa), District Arwal. .... .... Petitioner.

Versus

1. The State of Bihar, through the Principal Secretary, Department of Home (Police), Government of Bihar, Patna.

2. Inspector General (Prison), Government of Bihar, Patna.

3. State Remission Board, through its Secretary, Government of Bihar, Patna.

4. Law Secretary-cum-L.R. Government of Bihar, Patna.

5. Superintendent, Buxar Jail, District Buxar. .... .... Respondents.

=========================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Thakur, Advocate. Md. Imteyaz Ahmad, Advocate.

Mr. Nilesh Kumar, Advocate.

Mr. Malay Kumar Chaudhary, Advocate.

For the Respondents : Mr. P.K. Verma, AAG-3. Mr. S.K. Sharma, AC to AAG-3.

=========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date: 13-04-2018 This writ application has been filed by the petitioner for his premature release, who was initially awarded death sentence in Sessions Trial No.188 of 2001/266 of 2002 but later on it was converted to life imprisonment, in terms of the Short Sentencing Policy of the State, on assumption that he has already completed 17 years of actual incarceration and more than 21 years with remission. Thus, he is entitled for his consideration of premature release. Be that as it may, in our view, if the petitioner is entitled

Patna High Court Cr. WJC No.1120 of 2018 dt.13-04-2018 2/ 2 for consideration of his premature release a final decision would be taken by the respondent authorities within a period of three months from the date of receipt/production of a copy of this order so that his matter could be considered by the State Sentence Remission Board within the aforesaid period in accordance with law. With the aforesaid observation and direction, this writ application stands disposed of.

(Dr. Ravi Ranjan, J.) (Prakash Chandra Jaiswal, J.) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date