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SANDEEP KUMAR
Ashok Yadav – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard the parties.
2. By way of this writ application the petitioner has prayed for the following relief:—
(i) For Issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of the State Remission Board dated 12.09.2023 so far it relates to the petitioner, whereby and whereunder 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) and (kha) of notification No. 3106 dated 10.12.2002 the petitioner is not eligible for grant of pre-mature release.
(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 pre-mature release and release him in connection with Sessions Trial No. 55 of 2006 arising out of Fulwaria P.S. Case No. 1 of 2006 on the ground that now the petitioner has already completed more than 22 years of sentence with remission and more than 17 years of his 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 si
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....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 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....
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
The denial of premature release based on misapplied guidelines is arbitrary and discriminatory, necessitating a reassessment by the Remission Board.
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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