Patna High Court
Sahani Khatoon vs The State Of Bihar Through Chief ... on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No 385 of 2021
Arising Out of PS. Case No.-162 Year-2002 Thana- SAHEBPUR KAMAL District-
Begusarai
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1. SAHANI KHATOON Wife of Md Daud Resident of Village- Ahmadganj,
PS- Sahebpur Kamal, District- Begusarai.
2. Md Naushad Alam Son of Md Daud Resident of Village- Ahmadganj, PS-
Sahebpur Kamal, District- Begusarai.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF
BIHAR, PATNA- 1
2. The Principal Secretary, Home Department, Government of Bihar, Patna-1
Bihar
3. The State Sentence Remission Board Through its Chairman, Government of
Bihar, Patna-1
4. The Secretary- Cum- Law Remembrance, Law Department Government of
Bihar, Patna-1
5. The Director General of Police, Police Department, Government of Bihar,
Patna
6. The Director, Probation Service, Government of Bihar, Patna-1
7. The Inspector General of Police (Prison), Jail Reforms, Government of
Bihar, Patna-1
8. Superintendent of Jail, Central Jail, Bhagalpur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Vivekanand Vivek, Advocate
For the Respondent/s : Mr M Nasrul Huda Khan, SC I
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 08-04-2021
This case has been taken up today for consideration
through Video Conferencing.
2 Heard learned counsel for the petitioners and the
respondents.
Patna High Court CR. WJC No.385 of 2021 dt.08-04-2021
3 The present writ petition has been filed with a prayer
for quashing the order dated 05.03.2020 issued by the State
Sentence Remission Board (hereinafter referred to as the Board)
whereby and where under the petitioners' plea and proposal for
their premature release has been rejected. The petitioners have not
been found eligible for premature release in terms of Notification
dated 10.12.2002 bearing Memo No 3106 of the Home (Special)
Department, Government of Bihar.
4 The facts briefly are that the petitioners have been
convicted by the judgment dated 07.09.2005 passed by the Court
of Additional Sessions Judge, Fast Track Court I, Begusarai in
Sessions Trial No 304 of 2003. They have been sentenced to
undergo rigorous imprisonment for life.
5 It is the case of the petitioners that petitioner No 1 is
now more than 70 years of age and she is suffering with various
old age ailments. She has served more than 20 years of her
sentence including the period of remission granted in accordance
with law. Petitioner No 2 is stated to have completed more than 22
years of his sentence including the period of remission granted in
accordance with law.
6 The parties are in agreement that the case of the
petitioners is covered by recent decision of this Court passed in
Patna High Court CR. WJC No.385 of 2021 dt.08-04-2021
CrWJC No 335 of 2021 in the case of Md Khudbuddin @ Md
Kutubuddin Ansari which reads as follows:
"6. Having heard the submission of learned
counsel for the parties, this Court is, prima facie, satisfied
with the submission of learned counsel for the petitioner
and is in agreement that the case of the petitioner is
covered by a decision of Division Bench of this Court
dated 20.06.2017 passed in CrWJC No 748 of 2017. In
this case, petitioner has been convicted prior to
02.07.2007 and, thus, his case is squarely covered by
order dated 20.06.2017 passed in CrWJC No 748 of 2017
by a Division Bench of this Court.
7. In the aforesaid facts and circumstances,
the impugned order dated 05.03.2020 passed by State
Remission Board (Annexure P6) is hereby quashed and set
aside.
8. The criminal writ petition is allowed with a
direction to the State Remission Board to consider the
case of the petitioner afresh in the light of various
judgments of this Court referred hereinabove and take an
appropriate view of the matter within a period of six
weeks from the date of receipt/production of a copy of this
order."
7 This writ petition is also allowed in the aforesaid
terms with a direction to the State Remission Board to consider the
case of these petitioners afresh in the light of various judgments of
this Court referred to in the above noted quotation of CrWJC No
335 of 2021 and take an appropriate view of the matter within a
period of six weeks from the date of receipt/production of a copy
of this order.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.04.2021
Transmission Date 15.04.2021
