Sheikh Samsul v. State Of Bihar Through Its Chief Secretary, Govt. Of Bihar Patna Cum Commissioner, Deptt. Of Home

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.936 of 2019 Arising Out of PS. Case No.-9 Year-1991 Thana- SHAHKUND District- Bhagalpur ====================================================== SHEIKH SAMSUL Son of Late Sheikh Sarafat R/o Village- Kheira, P.S.- Shahkund in the District of Bhagalpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Chief Secretary, Govt. Of Bihar Patna Cum Commissioner, Deptt. Of Home, Govt. Of Bihar, Patna. 2.

The Secretary Department of Law, Govt. of Bihar, Patna. 3.

The Director General of Police, Govt. of Bihar 4.

The Inspector General (Jail and reform services), Govt. of Bihar, Patna. 5.

The Bihar State Sentence Remission Board, Patna through it Chariman. 6.

The District Magistrate, Bhagalpur.

7.

The Superintendent of Police, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-07-2019 Heard learned counsel for the petitioner.

This petition had been filed where the basic prayer was for a pre-mature release on the basis of the exercise of the powers of the remission by the State Government. The respondents have filed supplementary counter affidavit bringing on record the proceedings dated 21st of June, 2019 whereby the State Government has taken a decision to grant remission to the petitioner and a copy of the proceedings

Patna High Court CR. WJC No.936 of 2019(3) dt.08-07-2019 2/2 has been filed as Annexure-B to the said affidavit. In paragraphs 5 to 8, the respondents have narrated the decision and in paragraph-12, it has been stated that the release order shall be given effect to the moment it is received in the department. In view of the aforesaid situation that emerges, we see no reason to further continue with the petition and the State shall carry out its decision in accordance with law. The petition is, accordingly, disposed of.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Saif/- U