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IN THE HIGH COURT OF JHARKHAND AT RANCHI Anil Kumar @ Anil Mahto, aged about 42 years, S/o Punit Mahto, Resident of Village Chotki Pona, P.O. Badki Pona, P.S. Ramgarh, District- Hazaribag, Jharkhand, … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribagh, P.O. Reformatory School, Kolghatti, P.S. Lohsinghna, District- Hazaribag, Jharkhand … Respondents With W.P.(Cr.) No. 73 of 2020 Arun Kumar Verma, aged about 48 years, son of Beniram Verma, resident of Sanskrit College, Raja hata, P.O. Ranchi G.P.O., Ranchi, P.S.
Sukhdeb Nagar, District- Ranchi … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 85 of 2020 Silbester Kerketta, son of late Simon Kerketta, aged about 46 years, resident of Village- Karong, P.O. & P.S. Raidih, District- Gumla, State-
Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 221 of 2020 Md. Yunus Ansari, S/o Albabu Ansari, aged about 55 years, R/o Bharrah Basti, P.O. & P.S. Chas, District- Bokaro … Petitioner -Versus-
1. The State of Jharkhand
2. The Secretary, Department of Home, Government of Jharkhand, P.O. &
P.S. Dhurwa, District- Ranchi
3. The Secretary, Department of Home, Jail and Disaster Management, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District-
Ranchi
4. The Inspector General of Prison, T.A. Division, Government of Jharkhand, P.O. & P.S. Dhurwa, District- Ranchi
5. The Superintendent of Jail, Lok Nayak Jai Prakash Narayan Central Jail, Hazaribag, P.O., P.S. & District- Hazaribag
6. The Superintendent of Police, Bokaro, P.O. & P.S. Chas, District- Bokaro … Respondents With W.P.(Cr.) No. 269 of 2020 Visheshwar Mahto, Son of late Lutan Mahto, aged about 50 years, resident of Sehar, P.S. Ratu, P.O. Piska Nagri, District- Ranchi, State-
Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 270 of 2020 Narayan Mahto, Son of Kalicharan Mahto, aged about 48 years, resident of Sehar, P.O. Piska Nagri, P.S. Ratu, District- Ranchi, State-
Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 294 of 2020 Lebor Singh Kunkal, age 41 years, S/o Deeyu Kunkal, Resident of Patahatu tola, Nagar Sai, P.O. Gitilpe, P.S. Manjhari, District- West Singhbhum, State- Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 297 of 2020 Tombo Kunkal, age 42 years, S/o Jiki Kunkal, Resident of Patahatu tola, Nagar sai, P.S. Manjhari, District- West Singhbhum, State-
Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Birsa Munda Central Jail, Ranchi, Hotwar, P.O.
Booty, P.S. Sadar, District- Ranchi, Jharkhand … Respondents With W.P.(Cr.) No. 13 of 2021 Rajesh Choudhary, aged about 41 years, S/o Dewan Choudhary, Resident of Chinakuri 3 No., Mandir Para, Niyamat pur, P.O. Radha nagar railway colony, P.S. Kulti, District- Barddhaman, West Bengal-
713360 … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribagh, P.O. Reformatory School, Kolghatti, P.S. Lohsingna, District- Hazaribag, Jharkhand … Respondents With W.P.(Cr.) No. 21 of 2021 Mukesh Kumar Mehta @ Mukesh Mehta @ Mahto, aged about 40 years, S/o Dineshwar Prasad Mehta, Resident of Village- Hadari, P.O. &
P.S. Ichak, District- Hazaribagh, Pincode-825402, Jharkhand … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribagh, P.O. Reformatory School, Kolghatti, P.S. Lohsingna, District- Hazaribag, Jharkhand … Respondents With W.P.(Cr.) No. 22 of 2021 Pappu Singh, aged about 43 years, S/o Late Ramadhar Singh, Resident of Village Dumri, P.O. Dumri, P.S. Barhiya, District- Lakhisarai, Pincode-811302, Bihar … Petitioner -Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster Management, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi
3. The Inspector General of Prison, Jail Inspectorate, Government of Jharkhand, Engineers Hostel, Gol Chakkar, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, District- Ranchi, Jharkhand
4. The Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribagh, P.O. Reformatory School, Kolghatti, P.S. Lohsingna, District- Hazaribag, Jharkhand … Respondents -----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----
For the Petitioner : Mr. Rakesh Kumar, Advocate [In all cases except W.P. (Cr.)-221/2020]
Mr. Lukesh Kumar, Advocate [In W.P. (Cr.)-221/2020]
For the State : Mr. Ashok Kumar Yadav, G.A.-I [In W.P. (Cr.)-14/21, 297/20, 13/21, 21/21]
Mr. P.A.S. Pati, G.A.-II [In W.P. (Cr.)-73/20, 294/20]
Mr. P.C. Sinha, A.C. to G.A.-III [In W.P. (Cr.)-85/20]
Ms. Rashmi Lal, A.C. to Sr. Sr. S.C.-III [In W.P. (Cr.)-221/20]
Mr. Gaurav Raj, A.C. to A.A.G.-II [In W.P. (Cr.)-269/20, 270/20]
-----
13/30.11.2021.
Heard Mr. Rakesh Kumar and Mr. Lukesh Kumar, learned counsel for the petitioners and Mr. Ashok Kumar Yadav, Mr. P.A.S. Pati, Mr. P.C. Sinha, Ms. Rashmi Lal and Mr. Gaurav Raj, learned counsel for the respondent- State.
Since common questions of law and fact are involved in all these writ applications, the same are being disposed of by this common order.
The petitioners are aggrieved by the decision of the State Sentence Review Board.
W.P. (Cr.) No.14 of 2021
The petitioner is aggrieved by the notification No. 11/bandi vividh- 07/2019-2987, dated 20.08.2020 issued by the Joint Secretary of Department of Home, Jail and Disaster Management, Government of Jharkhand, Ranchi, whereby the claim of premature release of the petitioner has been rejected.
The facts enumerated in the present writ application is that the petitioner was convicted by the learned Additional Sessions Judge, F.T.C.- VII, Hazaribagh in connection with S.T. No. 403 of 2002, corresponding to G.R. No.1653 of 2001 arising out of Ramgarh P.S. Case No. 201 of 2001 for the offence under Sections 364, 302, 201/34 of the Indian Penal Code vide judgment dated 07.03.2006 and was sentenced to undergo R.I. for life.
The petitioner preferred an appeal before this Court being Cr. Appeal (DB) No. 481 of 2006 which was dismissed vide judgment dated 08.01.2016. The matter was placed before the State Sentence Review Board but vide notification dated 20.08.2020 which is impugned to the present application the prayer for premature release was rejected. The petitioner at the time of filing of the writ application had completed 15 years 7 months and 15 days of actual custody and with remission the custody of the petitioner was 21 years 7 months and 15 days as on 18.12.2020.
W.P. (Cr.) No.73 of 2020
The petitioner is aggrieved by the notification No. 11/bandi vividh- 07/2019-352, dated 21.01.2020 issued by the Joint Secretary of Department of Home, Jail and Disaster Management, Government of Jharkhand, Ranchi, whereby the claim of premature release of the petitioner has been rejected.
The facts enumerated in the present writ application is that the petitioner was convicted by the learned Judicial Commissioner, Ranchi in connection with S.T. No. 12 of 2001 for the offence under Sections 302/34, 376G, 394 of the Indian Penal Code vide judgment dated 19.05.2004 and was sentenced to undergo R.I. for life.
The petitioner preferred an appeal before this Court being Cr. Appeal (DB) No. 1549 of 2004, which was dismissed vide judgment dated 25.01.2016. The matter was placed before the State Sentence Review Board but vide notification dated 21.01.2020 which is impugned to the present application the prayer for premature release was rejected. The petitioner at the time of filing of the writ application had completed 15 years 11 months and 4 days of actual custody and with remission the custody of the petitioner was 22 years 1 month and 9 days as on 22.02.2020.
W.P. (Cr.) No.85 of 2020
The petitioner is aggrieved by the notification No. 11/bandi vividh- 07/2019-352, dated 21.01.2020, issued by the Joint Secretary of Department of Home, Jail and Disaster Management, Government of Jharkhand, Ranchi, whereby the claim of premature release of the petitioner has been rejected.
The facts enumerated in the present writ application is that the petitioner was convicted by the learned 1st Additional Sessions Judge, Gumla in connection with S.T. No. 20 of 2004 for the offence under Sections 302, 380, 449 of the Indian Penal Code vide judgment dated 15.05.2006 and was sentenced to undergo R.I. for life.
The petitioner preferred an appeal before this Court being Cr. Appeal (DB) No. 1164 of 2006 which was dismissed vide judgment dated 07.06.2017. The matter was placed before the State Sentence Review Board but vide notification dated 21.01.2020 which is impugned to the present application the prayer for premature release was rejected. The petitioner at the time of filing of the writ application had completed 16 years 4 month
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