Jharkhand High Court
Bihari Singh @ Arun Singh vs The State Of Jharkhand on 30 November, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 294 of 2014
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Bihari Singh @ Arun Singh ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
with
Cr. Appeal (DB) No. 546 of 2013
----
Kamta Singh ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : None (In Cr. Appeal no. 294/14)
Mr. A.K. Kashyap, Sr. Adv (In Cr. A. 546/13)
For the State : Mrs. Vandana Bharti, A.P.P
For the UOI : Mr. Anil Kumar, ASGI
Mr. Chandana Kumari, AC to ASGI
Mr. Nitish Parth Sarthi, AC to ASGI
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th
Order No. 15 : Dated 30 November, 2023
1. Reference may be made to order dated 8th August, 2023.
2. Pursuant thereto, an affidavit has been filed on behalf of
Department of Home, Jail and Disaster Management,
Jharkhand stating therein about the eligibility of these
two appellants for pre-mature release. It has been stated
that the Board has found these two appellants ineligible
for pre-mature release since they have not fulfilled the
parameters of 14 years of actual custody or 20 years of
custody with remission. However, a list of prisoners in
sealed cover has been placed before this Court in terms
of direction passed by the Co-ordinate Bench of this
Court vide order dated 8th August, 2023 at paragraph 6,
which has been opened and after its perusal the same
has been directed to be sealed again. The other direction
is at paragraph 7 of the said judgment wherein it has
been stated that such direction is being passed on the
statement made by the learned senior counsel/counsel
appearing for the convicts that in spite of undertaking
given by the Home Secretary, Government of Jharkhand
in the proceeding of Cr. Appeal (DB) No. 841 of 2010
meetings of the State Sentencing Review Board which
has to be held at the interval of every three month are
not being held in time. But when it was brought to the
notice to the Co-ordinate Bench of this Court that even
in spite of undertaking given by the Home Secretary,
Government of Jharkhand that the meetings of
Sentencing Review Board is not being conducted at the
regular interval of every three months, at paragraph 8,
the Co-ordinate Bench observed that the aforesaid
situation undoubtedly constitutes breach of the
undertaking given by the Home Secretary and thus
liable for proceeding under the Contempt of Courts Act,
1971.
3. Learned Additional Public Prosecutor has submitted
that such undertaking given by the Home Secretary,
Government of Jharkhand is being followed strictly,
however, in the affidavit there is no reference to that
effect.
4. In view thereof, this Court is granting one more
opportunity to the Department of Home to file an
additional affidavit to be sworn by Home Secretary,
Government of Jharkhand giving therein the details of
the meeting said to be conducted after the interval of
three months on or before the next date of hearing.
5. Ms. Anshu Dubey, learned counsel representing the
appellant in Cr. Appeal (DB) No. 294 of 2014 is not
present. However, Mr. A.K. Kashyap, learned senior
counsel representing appellant in Cr. Appeal (DB) No.
546 of 2013 is present and is ready to argue the matter.
6. However, this Court in order to give one more chance to
learned counsel for the appellant in Cr. Appeal (DB) No.
294 of 2014 is adjourning the matter to next Thursday.
7. List these matters on 07.12.2023.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Alankar/
