Patna High CourtMJC/4129/2016disposed

Sipahi Pasi v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna Namely Sri Anjani Kumar

2017-01-31Mr. Justice Vikash Jain,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4129 of 2016 IN Miscellaneous Jurisdiction Case No. 2679 of 2015 =========================================================== Sipahi Pasi, son of Late Subhag Pasi, Resident of village Barkisagera, P.S. Mohania, District Kaimur (Bhabhua).

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna, namely Sri Anjani Kumar Singh

2. The Commissioner, Home Special, Government of Bihar, Patna, namely, Sri Amir Subhani.

3. The Inspector General (Prison), Government of Bihar, Patna, namely, Sri Prem Kumar Meena.

4. The Jail Superintendent, Mandal Kara, Kaimur at Bhabhua, namely, Md. Shahanbaz Ahmed Niyaz

5. The Jailor, Mandal Kara, Kaimur at Bhabhua, namely, Md. Shahanbaz Ahmed Niyaz .... .... Opposite Parties =========================================================== Appearance:

For the Petitioner : Mr. Umesh Prasad, Advocate Mr. Sabbir Ahmad, Advocate For the Opp. Parties : Mr. P.K.Verma, AAG III Mr. Suman Kumar Jha, AC to AAG 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 31-01-2017 Heard learned counsel for the petitioner and learned Additional Advocate General III for the Opposite Parties.

2. By this M.J.C. application the petitioner has sought initiation of contempt proceedings against the opposite parties for not taking decision appropriate in the case as directed.

3. To cut short the matter, the petitioner has sought

Patna High Court MJC No.4129 of 2016 dt.31-01-2017 premature release having served almost 20 years of physical imprisonment and 26 years of imprisonment, if remission is taken into account.

4. Mr. P.K. Verma, learned Additional Advocate General III has brought to the notice of this Court the recommendation of the State Sentence Remission Board, who in their proceedings dated 24.01.2017 have considered the case of the petitioner under item no. 13 and recommended his immediate release.

5. In view of the aforesaid, this application has become infructuous and disposed of as such.

6. We hope that in view of the order of the State Sentence Remission Board as noted above, signed on 27.01.2017, it is expected that by now the petitioner must have been released. If not, he shall be released forthwith, not later than 24 hours from today. (Navaniti Prasad Singh, J) (Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 31.01.2017 Transmission Date N.A.