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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad
Ajay Kumar Son of Late Bhuneshwar Prasad @ Muneshwar Prasad – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
Heard learned counsel for the petitioners and learned AC to AG for the State of Bihar.
2. The two petitioners in the present writ application are seeking a direction to the respondent authorities for their premature release from the custody as they have already served their sentence of fourteen years physically and more than twenty years with remission.
3. During pendency of the writ application, the petitioners amended the writ application. By way of amendment, the petitioners prayed for setting aside the decision dated 28.12.2023 passed by the State Remission Board (hereinafter referred to as the ‘Board’) whereby and whereunder the application of the petitioners for premature release has been rejected.
Brief Facts of the Case
4. The petitioners are serving their sentence in connection with Asthawan (Sare) P.S. Case No. 120 of 2004. They faced trial for the charges under Sections 302/34, 307/34, 386/34 and 120B of the Indian Penal Code (in short ‘IPC’) as well as under Section 27 of the Arms Act. The petitioners were appellant in Cr. Appeal (DB) No. 1230 of 2006 which was heard with Death Reference No. 10 of 2006, they were awarded death sentence by
The denial of premature release based on misapplied guidelines is arbitrary and discriminatory, necessitating a reassessment by the Remission Board.
The court established that the Remission Board must not solely rely on police reports when considering premature release applications, but should evaluate the convict's overall rehabilitation and pot....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
The rejection of a prisoner's remission request based solely on a police report, without considering other evaluations, violates statutory guidelines and judicial standards for assessing eligibility ....
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