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2023 Supreme(Pat) 1329

RAJEEV RANJAN PRASAD
Munna Singh @ Ajay Sharma S/o Chandrika Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ratnakar Pandey, Rajesh Ranjan.
For the Respondent: Suman Kumar Jha.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. This writ petition questions the legality and validity of the decision taken by the State Sentence Remission Board (hereinafter referred to as the ‘Board’) on 09.09.2022 in respect of the petitioner. By the said decision (hereinafter referred to as the ‘impugned order/decision’), the Board has rejected the proposal for premature release of the petitioner on the ground that the case of the petitioner would be covered under Clause (iv) ¼d½ of the Notification No. 3106 dated 10.12.2002 issued by the Home (Special) Department, Government of Bihar.

2. Upon setting aside of the impugned order/decision, the petitioner prays for commanding the respondents to consider the case of the petitioner afresh for premature release.

3. It is not in dispute that the petitioner has been convicted by the learned Additional Sessions Judge-III, Patna on 17.09.2008 in Sessions Trial No. 816 of 2015 for the offence under Sections 364A/34 and 120B of the Indian Penal Code (in short ‘IPC’) and has been ordered to undergo life imprisonment and to pay a sum of Rs. 50,000/-as fine. The petitioner has also been convicted and sentenced under Section 365 IPC and he has been order

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