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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Gokul Yadav, Son Of Mahendra Yadav – Appellant
Versus
State of Bihar through the Principal Secretary Dept of Home, Govt. of Bihar – Respondent
| Table of Content |
|---|
| 1. interlocutory application permission granted. (Para 1 , 2 , 3) |
| 2. petitioner seeks remission and release. (Para 4 , 5) |
| 3. arguments against board's decision. (Para 7 , 8 , 9 , 10 , 11) |
| 4. supreme court directives on remission. (Para 15 , 16 , 17) |
| 5. board's approach found lacking. (Para 20 , 21 , 22) |
| 6. decision quashed; fresh application instructed. (Para 23 , 24 , 25) |
JUDGMENT :
ARUN KUMAR JHA, J.
I.A.No.01 of 2025
1. Heard learned senior counsel for the petitioner and learned counsel for the State.
2. This interlocutory application has been filed with a prayer to amend the writ petition and treat the facts mentioned in this application to be a part of the main writ application.
3. In the light of averment made in this interlocutory application, the same is allowed and the averments made in this interlocutory application will be treated as part of the main writ petition.
Cr.W.J.C.No.876 of 2024
4. Initially, the instant writ petition has been filed by the petitioner seeking following reliefs :
“A. A writ in the nature of Certiorari or any other appropriate writ, order/orders, direction quashing the followings :-
(i) The order issued by deputy Inspector General of Police, Pris
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 ....
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....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
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