IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.930 of 2008 RAJENDRA SINGH son of Late Ramdeo Singh resident of village Pilui, P.s. Daudpur, District Saran. Versus 1. The State of Bihar through the Commissioner-cum- Secretary, Department of Home, Govt. of Bihar, Patna. 2. Inspector General of Prison, Govt. of Bihar, Patna. 3. District Magistrate, Buxar. 4. District Magistrate, Bhagalpur. 5. Superintendent Central Jail, Buxar. 6. Superintendent, Central Jail, Bhagalpur. ----------- 2 17/3/2009 This writ application has been filed for issuance of a direction to the respondents authorities to consider the case of the petitioner for his release from custody as per rules 548 and 549 of the Bihar Jail Manual. The petitioner has been convicted for the offence under section 302/34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life vide order dated 9.7.1985 passed in Sessions Trial No. 189 of 1981 which has been confirmed by this Court by order dated 21.5.1997 in Criminal Appeal No. 146 of 1985 and also by the Supreme Court by order dated 7.4.2000. It is submitted by the learned counsel for the petitioner that earlier the petitioner was lodged in the Central Jail, Buxar where he became seriously ill and he was examined by the Medical Board on 28.6.2001 in which he was found to be suffering from Tuberculosis, Diabetes and physically unfit. It is further submitted that in the year 2004 the petitioner suddenly became unconscious and then he was examined by Dr. P. N. Roy who referred him to Indira Gandhi Institute of Cardiology, Patna for treatment. It is also submitted that as - 2 - per the report dated 13.6.2005, a Medical Board was again constituted which decided that the petitioner be sent to Indira Gandhi Institute of Cardiology, Patna for treatment. Thereafter the petitioner was treated at Indira Gandhi Institute of Cardiology, Patna on several occasions but due to old age he could not fully recover and he is still seriously ill. It is also stated that the petitioner has been transferred from Central Jail, Buxar to Central Jail, Bhagalpur where his condition is deteriorating day by day. It is true that imprisonment for life means imprisonment till death but the Government can release him when a convicted prisoner is in danger of death from sickness, not due to infectious disease and there appears to be no hope of recovery within or without the jail, as per rule 548 of the Bihar Jail Manual. In such circumstances, no order for the release of the petitioner can be passed by this Court. It is the Government who is to be satisfied about the illness of the convicted prisoner. As such the petitioner may file an application before the appropriate authority for his release. If such an application is filed the respondent authority may consider the same and pass an appropriate order in accordance with law. With the above observation, this writ application is disposed of. (J. B. Koshy, CJ.) AMIN