Munilal Sharma v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1105 of 2019 Arising Out of PS. Case No.-39 Year-2004 Thana- DALSINGHSARAI District- Samastipur ====================================================== MUNILAL SHARMA Son of Saryug Sharma, resident of Village - Shahpur Pagra, P.S.- Dalsingh Sarai, Dist.- Samastipur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2.

The State Sentence Remission Board through the Principal Secretary, Home Department, Govt. of Bihar, Patna. Bihar 3.

The Joint Secretary-Cum-Director (Administration), Home Dept. (Prison), Bihar Patna.

4.

The Secretary Law Department, Govt. of Bihar, Patna. 5.

The Additional Director General of Police, Criminal Investigation Dept. 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. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate Mr. Santosh Kumar, Advocate For the Respondent/s :

Mr. P.N. Sharma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-08-2019 Heard learned counsel for the parties.

The petitioner has come up in this petition for a direction to the respondents to release him from custody on account of the claim of the applicant for remission in sentence. We have considered this request for pre-mature

Patna High Court CR. WJC No.1105 of 2019(4) dt.20-08-2019 2/2 release and we find that the affidavit which has been filed on behalf of the respondents today states in paragraph 7 as follows: "That the petitioner has already completed the actual custody of 15 years 02 months and 14 days and the total custody period with remission is 20 years 03 months and 01 days."

The affidavit further in paragraph 8 states that the matter shall be put up before the Remission Board in its next meeting for consideration. .

The application is, therefore, disposed of in view of the aforesaid stand taken in the counter affidavit. (Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) K.C.Jha/- U