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Judgment
Heard learned counsel for the petitioner and learned counsel
for the State.
This writ application has been filed for a direction to the
respondents-authorities for premature release of the petitioner in view
of the fact that the petitioner is serving sentence for life under Section
302 / 149 of the Indian Penal Code as he had been convicted by the
trial court and affirmed by the Division Bench of this Court in
Criminal Appeal (DB) No.145 of 1992.However, he is claiming that
he has already completed more than twenty years of incarceration.
Thus, the prayer is for consideration of the case of the petitioner for
his premature release.
A counter affidavit has been filed stating therein that the
matter could not be placed before the Bihar State Sentence Remission
Board in view of the fact that the opinions of the Presiding Judge i.e.
Additional District & Sessions Judge-V, Purnea as well as
Superintendent of Police, Araria are still awaited.
Accordingly, the Presiding Judge i.e. Additional District &
Sessions Judge-V, Purnea as well as the Superintendent of Police,
Araria are directed to send their respective opinions on its own merit
and in accordance with law expeditiously preferably within a period
of one month from today. After receiving such opinions from the
aforesaid officials, the respondents-authorities would place the case of
the petitioner for consideration before the Bihar State Sentence
Remission Board, Bihar, Patna in its next meeting.
This disposes of the writ application.
Let a copy of this judgment be sent to the Presiding Judge i.e.
Additional District & Sessions Judge-V, Purnea as well as
Superintendent of Police, Araria forthwith.