IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.335 of 2021

Arising Out of PS. Case No.-27 Year-2004 Thana- SANHAULA District- Bhagalpur

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Md. Khudbuddin @ Md. Kutubuddin Ansari (male), aged about 36 years, Son

of Late Rahman Ansari Resident of Village- Lashkari, P.S.- Sanokhar,

District- Bhagalpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2.

The State Sentence Remission Board through the Principal Secretary, Home

Deptt.Govt. of Bihar, Patna.

3.

The Joint Secretary-Cum-Director (Administration), Home Deptt. (Prison),

Bihar, Patna.

4.

The Secretary, Law Deptt., Govt. of Bihar, Patna.

5.

The Additional Director General of Police, Criminal Investigation Deptt.,

Bihar, Patna.

6.

The Inspector General, Jail and Reforms Services, Bihar, Patna.

7.

The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna.

8.

The Jail Superintendent, Special Central Jail, Bhagalpur.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Vijay Kumar Singh

For the Respondent/s

:

Mr.N.H.Khan (S.C.1)

Md.Irshad AC to SC-1

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

3

05-03-2021

Heard learned counsel for the petitioner and learned

State counsel.

2. The present criminal writ petition has been filed for

quashing the decision of the State Remission Board dated

05.03.2020 (Annexure-P6), whereby and whereunder the State

Remission Board has been pleased to reject the proposal of the

petitioner for his premature release on the ground that under

Patna High Court CR. WJC No.335 of 2021(3) dt.05-03-2021

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clause (iv) (kha) of Notification No. 3106 dated 10.12.2002, the

petitioner is not eligible for grant of premature release, as there

is no favourable report of Presiding Officer of the convicting

court.

3. Short facts of the case are that petitioner was

convicted, vide judgment dated 30.06.2006, and sentenced on

11.07.2006 by learned Additional Sessions Judge, F.T.C.-III,

Bhagalpur in Sessions Case No. 811 of 2005/Trial No. 95 of

2005 {arising out of Sanhoula (Sanokhar) P.S. Case No. 27 of

2004}.

4. It is submitted on behalf of petitioner that petitioner

has already undergone physical incarceration of 14 years, 9

months & 21 days and 20 years, 3 months & 20 days with

remission. It is further submitted that the impugned order is in

the teeth of a Division Bench judgment of this Court dated

20.06.2017 passed in Cr.W.J.C. No. 748 of 2017 and the case of

the petitioner cannot be considered in the light of Notification

No. 3106 dated 10.12.2002, in view of the fact that same has

come into effect on 02.07.2007 and the petitioner has been

convicted on 30.06.2006 and sentenced on 11.07.2006. The case

of the petitioner will be governed by letter dated 25.05.1985, by

which, all categories of life imprisonment convicts were eligible

Patna High Court CR. WJC No.335 of 2021(3) dt.05-03-2021

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for premature release by the jail superintendent himself after

completion of 14 years of actual imprisonment and 20 years

with remission. It is further submitted that Hon’ble Division

Bench has found that though the ordinance Notification dated

10.12.2002 was issued, but the same came to be implemented

after 02.07.2007 and during the period, all categories of life

imprisonment convicts were eligible for premature release by

the jail superintendent himself after competition of 14 years of

actual imprisonment and 20 years with remission in jail, as

provided in the letter dated 25.05.1985. It is further submitted

that the case of the petitioner is squarely covered by a recent

decision of this Court dated 19.02.2021 passed in Cr.W.J.C. No.

1615 of 2019.

5. However, learned State counsel though has opposed

the prayer made on behalf of petitioner, but at the same time