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1982 Supreme(SC) 146

A.N.SEN, P.N.BHAGWATI
Sant Bir – Appellant
Versus
State Of Bihar – Respondent


ORDER

Bhagwati, J. - This is yet another case from the State of Bihar where we find that a prisoner who became sane almost sixteen years ago is still confined to jail and has not been able to breathe the fresh air of freedom. The petitioner was sentenced to imprisonment for life for an offence under section 302 of the Indian Penal Code on 28th February 1949 by the Sessions Judge, Gaya and he was sent to Gaya Central Jail to serve his term of imprisonment. It appears that the mental condition of the petitioner was not stable and the Government of Bihar in its judicial Department therefore directed the Superintendent, Central Jail, Gaya to watch the petitioners mental condition and submit a report to the State Government after six months. We do not know whether any such report in regard to the mental condition of the petitioner was submitted by the superintendent, Gaya Central Jail to the State Government, but the record shows that on 20th November, 1951 the petitioner was transferred from Gaya Central Jail to Hazaribagh Central Jail for confinement as criminal lunatic under the orders of the Inspector General of Prison, Bihar. The half-yearly reports in regard to the mental condition









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