1. Heard learned counsel for the petitioner and the State.

2. The petitioner, who has been senfenced to life imprisonment under Section 302/34 of the Indian Penal Code in Kadamkuan P.S. Case No. 53(1) of 1984 has prayed for remittance and commutation of sentence under Sections 432 and 433 of Cr.P.C. for premature release on the ground of severe ailment, heart block-age.

3. The prosecution case in short is as follows:

The petitioner was convicted and sentenced to life imprisonment under Section 302/34 of the I.P.C. alongwith other three accused. The allegation was that she gave Chhura to her son, namely Ramji Sao and Shyamji Sao, who assaulted one Shambhu on his neck, consequent to which he subsequently died. The conviction of the petitioner remained unaltered up to the Honble Supreme Court.

4. The petitioner submits that she is 64 years of age and has undergone 11 years, eight months of imprisonment. The petitioner states that it would appear from the Medical Reports of the Jail Doctor that she is suffering from heart blockage and other serious ailments, and as such has prayed for her release under Sections 432, 433(b) of Cr.P.C. and Section 55 of the I.P.C. It is further her contention that the petitioner being a woman ought to have got due consideration of aforesaid provisions. She has also filed a representation before the Bihar State Sentence Remission Board for her release.

5. The petitioner submits that in case of Hava Singh V/s. The State of Haryana & Anr. reported in (1987) 4 SCC 207, the Honble Supreme Court had directed for release of a live convict, who had undergone only seven years of actual detention. The petitioner in support of his submission for premature release also relied upon a decision in case of Shri Niwas & Ors. V/s. Delhi Administration & Ors. reported in AIR 1982 SC 1391.

6. Mr. Mani Kant Mishra, learned counsel appearing for the State submits that remissions and commutations under Sections 432, 433(b) of Cr.P.C. and Section 55 of the I.P.C. is subject to Section 433A of Cr.P.C. He states that where a person is convicted for an offence, for which death is also one of the punishment, such persons shall not be released from prison unless he has served at least 14 years of actual imprisonment. He further submits that vide notification dated 28th December, 2002 the State Government has made amendments in Bihar Jail Manual and substituted new Rule 529 in place of old Rule 529. He further submits that the substituted Rule 529(1) has provided for composition of State Sentence Remission Board, which would consider cases of remission of sentence awarded to prisoner and recommend for premature release in appropriate cases to the Government Rule 529(ii) relates to period of meeting. The eligibility conditions for premature release of the prisoners have been provided in substituted Rule 529(iii), which is quoted hereinbelow:

"Rule 529(iii)(a) Every convicted prisoner whether male or female, undergoing sentence of life imprisonment and covered by the provisions of Section 433A of Cr.P.C. shall be eligible to considered for premature release immediately after serving the sentence of 14 years of actual imprisonment without the remission.

(b) All other convicted male prisoners undergoing the sentence of life imprisonment shall be considered for premature release after they have served at least 14 years of imprisonment inclusive of remission and after completion of 10 years actual imprisonment without remissions.

(c) All other convicted female prisoners undergoing the sentence of life imprisonment shall be considered for premature release after they have served at least 10 years of imprisonment inclusive of remission and after completion of 7 years of actual imprisonment without remissions.

(d) Convicted prisoner undergoing the sentence of life imprisonment on attaining the age of 65 years provided he or she has served at least 7 years of imprisonment including the remissions.

(e) The convicted prisoners unde