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2021 Supreme(Pat) 950

RAJEEV RANJAN PRASAD
Pradeep Kumar Srivastava @ Pradip Kumar Srivastava S/o Late Shiv Shankar Lal Srivastava – Appellant
Versus
State Of Bihar Through Its The Chief Secretary, Home, Bihar Patna Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Umeshanand Pandit, Advocate
For the Respondent: Mr.Saroj Kumar Sharma, adv

JUDGMENT :

1. Heard learned counsel for the petitioner and Mr. Saroj Kumar Sharma, learned AC to AAG-3.

2. Petitioner in the present case is seeking a writ in the nature of mandamus directing the respondents to quash the order dated 03.04.2020 in so far as it relates to the petitioner (Annexure ‘6’ to the writ application) whereby the State Sentence Remission Board (hereinafter referred to as ‘The Board’) has rejected the request of the petitioner for his premature release on the ground that in terms of the policy decision of the Government as contained in Notification No. 3106 dated 10th December, 2002, paragraph (iv)(kha) the case of the petitioner is not fit to be considered for premature release. The relevant part of the decision is under challenge.

3. It appears from the record that the petitioner has been convicted vide judgment dated 25.05.2006 for the offences under Section 364A and 379/34 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for life with fine.

4. According to the petitioner, he submitted an application dated 30.11.2019 for consideration of his case for premature release. The Principal Probation Officer in the District Probation Offi

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