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2023 Supreme(SC) 800

S. RAVINDRA BHAT, PRASHANT KUMAR MISHRA
Rajo @ Rajwa @ Rajendra Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Randhir Kumar Ojha, AOR
For the Respondent(s): Mr. Azmat Hayat Amanullah, AOR Mr. T. G. Shahi, Adv.

JUDGMENT

S. RAVINDRA BHAT, J.

1. The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable under Section 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 approaches this court under its Article 32 jurisdiction, seeking appropriate direction to the first respondent to prematurely release him, on the ground that he has been in custody for 24 years without grant of remission or parole.

2. The petitioner (aged 40, at the time), with three other co-accused persons, was convicted1[By the Sessions Court, Madhepura in Sessions Case No. 123/2000 and Sessions Case No. 194/2000] on 24.05.2001 for the murder of three persons – two of which were police personnel (dafadars) and the third being a chowkidar, who were all on duty during a village mela – by indiscriminate firing, while they were waiting to be served food. The petitioner was accused to be one among those who had shot at the deceased victims, in a premediated and planned manner. The trial court sentenced the petitioner and three other co-accused persons to underg


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