Rajdev Yadav v. The State Of Bihar Through The Secretary Department Of Home, Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1206 of 2017 Arising Out of PS. Case No.-102 Year-1992 Thana- BENIPATTI District- Madhubani ====================================================== Rajdev Yadav, son of Yugeshwar Yadav, resident of village- Baturi, Police Station- Pandaul, District, Madhubani ... ... Petitioner/s
Versus
1.
The State Of Bihar Through The Secretary Department Of Home, Government Of Bihar, Patna 2.
Inspector General (Prison), Home Department, Government of Bihar, Patna 3.
The State Sentence Remission Board through its Chairman, Department of Home, Patna 4.
The Jail Superintendent, Special Central Jail, Bhagalpur 5.
Union of India, through the Home Secretary, Government of India, New Delhi ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2, Advocate For the State :
Mr. Prabhu Narain Sharma, ADvocate For the U.O.I.
:
Mr. A. K. Pandey, SCG, Mr. R. K. Sharma, C.G.C.
====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 02-08-2017 Heard.
The grievance of the petitioner, who is serving life sentence in view of his conviction under Section 396 of the Indian Penal Code in connection with Benipatti P.S. Case No.102 of 1992, is that he has completed actual period of incarceration of 18 years 11 months and 20 days and with remission he has completed more than 22 years, still his case has not been considered by the State Sentence Remission Board as per the
Patna High Court Cr. WJC No.1206 of 2017 dt.02-08-2017 2/2 sentence remission policy of the State for his premature release. In such a situation, this Court would be inclined to dispose of this matter with a direction to the respondent authorities to take up the case of the petitioner, consider it in accordance with law and put up before the State Sentence Remission Board after completion of the formalities so that the same could be considered within a period of three months from the date of receipt/production of a copy of this order, if the same has already not been done.
(Dr. Ravi Ranjan, J) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2017 Transmission Date NA