IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.197 of 2007 BRAHAMA SINGH Versus THE STATE OF BIHAR & ORS ----------- 9 29.9.2008 Heard learned counsel for the petitioner and the State. The petitioner seeks a direction to the respondent authorities for calculation of remission earned by the petitioner while he was in jail, in connection with Chainpur P.S.Case No.68 of 1989, and to enter the same in the convicts history tickets during the period he remained in Up-Kara, Bhabua before his conviction i.e. during the course of trial from 17.10.1989 to 19.10.1993 and further to calculate the period of remission which the petitioner earned while he was being in custody from 19.10.1993 to 21.9.1996, and also after 21.2.2000 till date. Learned counsel for the petitioner submits that he was convicted by the trial court and his appeal being Cr.Appeal No.518 of 1993 was dismissed by this court. He submits that it would also appear from Annexure-D annexed to the Supplementary counter affidavit filed on behalf of Superintendent, Special Central Jail, Bhagalpur and Jailor Special Central Jail, Bhagalpur, Respondents 7 and 8 that the petitioner has already put in more than 14 years of actual jail custody. Learned counsel for the State submits that the petitioner is an accused in other cases also. It would appear from the relief and the pleadings made in this writ petition that the petitioner prays for release in this particular - 2 - KHAN case, arising out of Chainpur P.S. Case No.68 of 1989 and not in other cases. He submits that his release in the instant case would obviously be subject to his imprisonment in other cases. Having considered the rival submission of learned counsel for the parties, this court is of the view that the State Remission Board or the competent authority would once again re-examine the possible date of release of the petitioner in the instant case in view of the letter no.1610 dated 7.5.2008 issued by the Superintendent, Special Central Jail, Bhagalpur, as contained in Annexure-D, wherein he has mentioned that the petitioner has already completed 14 years of actual imprisonment, preferably within two months from the date of receipt/production of a copy of this order. With the aforesaid observations, this writ petition stands allowed to the extent indicated above. (S.P.Singh,J)