Patna High CourtCR. WJC/561/2017disposed

Shiv Jatan Pandey And ORS v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS

2017-05-19Mr. Justice Dr. Ravi Ranjan,Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.561 of 2017 ===========================================================

1. Shiv Jatan Pandey,

2. Ambika Pandey,

3. Ram Sharan Pandey,

4. Deo Sharan Pandey, All Sons of Late Dinanath Pandey, resident of VillageGauripur, P.S. Pirpainti, District- Bhagalpur. .... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The State Sentence Remission Board through the Principal Secretary, Home Department, Government of Bihar, Patna.

3. The Joint Secretary-cum-Director (Administration), Home Department (Prison), Bihar, Patna.

4. The Secretary, Law Department, Government of Bihar, Patna.

5. The Additional Director General of Police, Criminal Investigation Department, Bihar, Patna.

6. The Inspector General, Jail and Reforms Services, Bihar, Patna.

7. The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna.

8. The Jail Superintendent, Special Central Jail, Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Vijay Kumar Singh, Advocate For the Respondents : Mr. Krishna Chandra, AC to AG =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date: 19-05-2017 Heard learned counsel for the petitioner and the State. This writ application has been filed for a direction to the respondents-authorities for premature release of the petitioners on the ground that they have already completed more than 22 years of sentence.

Patna High Court Cr. WJC No.561 of 2017 dt.19-05-2017 2/2 In view of the statements made in paragraph 7 and 8 of the counter affidavit that in the light of the direction of the Bihar State Sentence Remission Board dated 29.06.2016, the Superintendent of Special Central Jail, Bhagalpur was directed to obtain fresh opinion of the Presiding Officer which has been received and proposal for premature release of the petitioners will again be put up before the Remission Board in its next meeting, this writ application stands disposed of with direction to the respondents-authorities to ensure that such proposal for pre-mature release of the petitioners is placed before the Remission Board in its next meeting which shall consider the proposal on its own merit and in accordance with law. This disposes of the writ application.

(Dr. Ravi Ranjan, J) (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.05.2017 Transmission Date B.T/- 22.05.2017