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Judgment
This writ petition has been filed on 14.02.2019, however, defect no.9(v) and 9(vii) have not been removed. The I.A. No.10727 of 2019 has been filed for early hearing and the case has been mentioned.
Learned counsel for the petitioner, Mr. Kanti Kumar Ojha has submitted that petitioner is in custody since 04.06.2006. The petitioner along with others have been made accused in connection with Mango (Olidih) P.S. Case No. 177 of 2006 under Sections 302/34 I.P.C. and Section 27 of the Arms Act. The petitioner along with others have been convicted in trial vide judgment of conviction and order of sentence dated 19.09.2008 under Sections 302 / 34 of the I.P.C. and awarded sentence of R.I. for life and fine of Rs. 10,000/- passed in S.T. No. 291 of 2006. The judgment of conviction and order of sentence passed by trial court has been affirmed by this Court in Criminal Appeal (DB) No.22 of 2009 with analogous cases vide judgment dated 19.12.2017. Petitioner has preferred SLP(Cr.) No.007756 of 2018 before the Apex Court, which was also dismissed on 05.10.2018. The petitioner has filed the case for consideration of his case for remission as petitioner is likely to complete 14 years in jail by now with remission, as such, the petitioner may be released on remission.
Learned counsel for the State, Mr. Manoj Kumar No.3 has submitted that pursuant to the judgment passed by Apex Court in the case of Laxman Naskar (Life Convict) Vs. State of W.B. and Another as reported in (2002) 7 SCC 626 the scheme has been framed by the State Government, which has been brought on record, in the counter affidavit dated 09.07.2019 as Annexure-A vide notification no.1315 dated 18.04.2007. As per the condition no.3(i)(a-e) and 3
(ii) prisoner is only entitled for remission if he has completed 14 years of actual custody without remission or 20 years of custody with remission, but the said period has not been served by the petitioner, so as to consider his case for remission by the State Authority under the Scheme dated 18.04.2007.
Learned counsel for the petitioner, Mr. Kanti Kumar Ojha at this juncture wants to withdraw this petition with a prayer that withdrawal of the instant criminal writ petition may not prejudice the case of the petitioner for consideration of his remission by the State authority in view of the notification no.1315 dated 18.04.2007 after completion of his 14 years in custody without remission.
Learned counsel for the State, Mr. Manoj Kumar No.3 has no objection to that effect.
Considering the above submissions and the prayer made by learned counsel for the petitioner the instant criminal writ petition is dismissed as withdrawn. However, the dismissal of the criminal writ petition shall not prejudice the case of the petitioner for consideration under the scheme formulated by the Government vide notification no.1315 dated 18.04.2007.
Accordingly, I.A. No. 10727 of 2019 is disposed of.