Shibo Yadav @ Shivu Yadav v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.284 of 2017 Arising Out of PS.Case No. -11 Year- 1999 Thana -Singheshwar (Shankarpur) DistrictMADHEPURA =========================================================== Shibo Yadav @ Shivu Yadav son of Krishna Mohan Yadav Resident of Village Belha Gopalpur, P.S. Kumar Khand, District Madhepura .... .... Petitioner

Versus

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

2. Principal Secretary - cum - Commissioner, Department of Home, Government of Bihar, Patna

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

4. The Director General of Police, Government of Bihar, Patna

5. The Inspector General, Koshi Division, Saharsa

6. The Inspector General, (Jail & Reform Services), Government of Bihar, Patna

7. The Deputy Inspector General, (Jail & Reform Services), Government of Bihar, Patna.

8. The Director, Probation Services, Government of Bihar, Patna

9. The Bihar State Sentence Remission Board, Patna through its Chairman

10. The District Magistrate, Madhepura, P.S. & District Madhepura

11. The Superintendent of Police, Madhepura, P.S. & District Madhepura

12. The Superintendent of Divisional Jail, Madhepura, P.S. & District Madhepura

13. The Probation Officer, Home (Jail) Department, Madhepura.

14. The S.H.O. Singheshwar (Shankarpur) P.S. Singheshwar District Madhepura .... .... Respondents =========================================================== Appearance :

For the Petitioner : Dr. Sanjay Kumar Singh, Advocate For the Respondents: Mr. P.K. Verma, AAG 3 Mr. S.K. Sharma, 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: 03-03-2017 Heard learned counsel for the petitioner and learned Additional Advocate General No. 3 for the State.

2. By this writ petition, the petitioner challenges the decision of the Bihar State Sentence Remission Board taken in meeting dated 28.11.2016 by which the prayer of the petitioner for early release in

Patna High Court Cr. WJC No.284 of 2017 dt.03-03-2017 2/2 terms of Section 432 of the Code of Criminal Procedure was rejected on the ground that in view of the amendment dated 26.05.2016 which now precluded application of Section 432 Cr. P.C. in cases of multiple murder, the petitioner's case for premature release could not be considered.

3. In several judgments in the recent past, we have repeatedly held that the law in this regard is that conditions for premature release as per law and position as obtaining on the day of conviction would apply to see whether a person would be entitled to premature release or not. Any subsequent change to the detriment of a convict made subsequently will not be taken into account though any relaxation subsequently made would enure to his benefit. Thus, on the face of it, the decision of the State Sentence Remission Board cannot be sustained.

4. This writ petition is allowed with a direction to the State Sentence Remission Board to forthwith reconsider the matter inasmuch as all other authorities have already given their opinion in favour of the petitioner's release.

5. With this direction, this writ petition stands disposed of. (Navaniti Prasad Singh, J) (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date B.T/- 03.03.2017 Transmission Date 03.03.2017