Yogendra Bhagat vs The State Of Bihar Through Chief ...
2021 Latest Caselaw 4105 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.209 of 2020
                   Arising Out of PS. Case No.- Year-0 Thana- District- Patna
     ======================================================

Yogendra Bhagat Son of Rajbanshi Bhagat Resident of Village - Basudeva, P.S.- Bhore, Distt - Gopalganj.

... ... Petitioner/s Versus

1. The State Of Bihar through Chief Secretary, Govt. Of Bihar, Patna Bihar

2. The State Sentence Remission Board through the Principal Secretary, Home Department, Government of Bihar.Patna.

3. The Joint Secretary - cum - Director (Administration) Home Department (Prison), Bihar, Patna. Bihar

4. The Secretary Law Department, Government of Bihar, Patna. Bihar

5. The Additional Director General of Police, Criminal Investigation Department, Bihar, Patna. Bihar

6. The Inspector General Prisons and Correctional Services, Bihar, Patna.

7. The Assistant Inspector General of Prisons and Correctional Services, Bihar, Patna.

8. The Jail Superintendent of Special Central Jail, Bhagalpur. Bihar

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vijay Kumar Singh, Adv. For the Respondent/s : Mr.Md. Nadim Seraj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 16-08-2021 Heard the parties through virtual court proceeding.

This criminal writ petition has been filed for

quashing the order of the State Remission Board dated

28.11.2018, 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 clause (iv) (ka) of the

Notification No. 3106 dated 10.12.2002, the petitioner is not

eligible for consideration of his premature release, and also there Patna High Court CR. WJC No.209 of 2020 dt.16-08-2021

is no favourable report of Presiding Officer of the convicting

court.

Short facts giving rise to this criminal writ petition

is that petitioner and other accused persons were convicted for

the offence punishable under Section 376 of the Indian Penal

Code vide judgment dated 21.02.2006 and order of sentence

dated 22.02.2006 to undergo RI for life by the learned Additional

District and Sessions Judge, F.T.C. No. IV, Gopalganj.

It is submitted on behalf of the petitioner that

petitioner has already completed more than 20 years of his

physical incarceration and 24 years with remission and,

therefore, he is entitled to grant of premature release, in view of

1984 policy, as contained in Letter No. 550 dated 21.01.1984,

which was prevalent at the time of conviction of the petitioner on

21.02.2006 and order of sentence on 22.02.2006. It is further

submitted that in view of the fact that the petitioner has been

convicted in the year 2006 his case will be governed by 1984

policy as contained in Letter No. 550 dated 21.01.1984 which

was issued under the signature of the Additional Secretary, Law

Department, Government of Bihar, Patna. A copy of the Letter

No. 550 dated 21.01.1984 is contained in Annexure-P/1 to the

writ petition. Clause (2) of the 1984 policy clearly provides that Patna High Court CR. WJC No.209 of 2020 dt.16-08-2021

if the life conviction was awarded on or after 18.12.1978, the

convict will be released from the jail on completion of 14 years

of his physical incarceration and 20 years with remission.

Learned counsel for the petitioner submits that the

issue is no more res integra as the same has also been decided by

the Division Bench of this Court vide judgment dated

20.06.2017, passed in Cr.W.J.C. No. 748 of 2017 (Chandra Kant

Kumar Vs. the State of Bihar and others) 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 the same has

come into effect on 02.07.2007 and the petitioner has been

convicted on 21.02.2006 and sentenced on 22.02.2006. He

submits that the Hon'ble Division Bench has found that though

the 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

completion of 14 years of actual imprisonment and 20 years with

remission in jail, as provided in the letter dated 25.05.1985.

However, learned State counsel opposes the writ

petition and submits that clause (iv) (a) of Notification No. 3106

dated 10.12.2002 of the Home Department (Special) provides Patna High Court CR. WJC No.209 of 2020 dt.16-08-2021

that the life convicts which are convicted for rape, decoity and

terrorist activity are not entitled for premature release. Learned

counsel refers to the judgment of the Hon'ble Apex Court dated

23.07.2014, passed in Writ Petition (Crl.) No. 48 of 2014 (Union

of Indian Vs. V. Sriharan @ Murugan and others) in which the

Hon'ble Apex Court has restrained the State Government from

exercising its power of remission and commutation where the

life sentence is under any Central Law or with respect to offence

punishable under Section 376 of the Indian Penal Code or any

other similar offence. He submits that the recommendation of the

Remission Board is in light of the aforesaid order. However,

conspicuously the entire counter affidavit is silent on the point

raised by the petitioner in the writ petition.

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

Cr.W.J.C. No. 748 of 2017. In this case, petitioner has been

convicted prior to 02.07.2007 and thus, his case is required to be

considered in the light of 1984 policy, contained in Letter No.

550 dated 21.01.1984.

Patna High Court CR. WJC No.209 of 2020 dt.16-08-2021

In the aforesaid facts and circumstances, the

impugned order dated 28.11.2018 passed by the State Remission

Board, Bihar is hereby set aside and this 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.

(Anjani Kumar Sharan, J) devendra/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.08.2021
Transmission Date       NA