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2021 Supreme(Pat) 736

RAJEEV RANJAN PRASAD
Surendra Mahto – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Vijay Kumar Singh, Advocate, for the Appellant; Mr. Prabhu Narayan Sharma, AC to AG, for the Respondent.

JUDGMENT

1. At the time of filing of the writ application, petitioner prayed for the following reliefs:-

"(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of the State Remission Board dated 21.06.2019 so far it relates to the petitioner, whereby and where under the State Remission Board has been pleased to reject the proposal of the petitioner for his pre-mature release interalia on the ground that under clause (iv) (ka) of Notification No. 3106 dated 10.12.2002, the petitioner is not eligible for grant of pre-mature release as also there is unfavourable opinion of the Presiding Judge.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to consider the case of the petitioner for premature release and grant him on the ground that now the petitioner has already completed more than 21 years of sentence with remission and more than 18 years of physical incarceration, taking into consideration that the case of the petitioner has been covered under 1984 Policy prevailing at the relevant time of his conviction since the petitioner is the convict of 2006 and almost all the prescrib

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