IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.866 of 2009 CHANDRA BHUSHAN PANDIT, Son of late Thakur Pandit, Resident of Village- Moap Khurd, P.S. Tarari at present Imadpur, District Bhojpur. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Home Department, Government of Bihar, Patna. 3. The Inspector General of Prison, Government of Bihar, Patna. 4. The District Magistrate, Buxar. 5. The Superintendent of Police, Buxar. 6. The Superintendent, Central Jail, Buxar. . . . . . Respondents. ----------- 2/ 19.07.2010 Heard learned counsel for the petitioner and the State. The petitioner submits that he is a life convict prisoner of Tarari P.S. case no.04 of 1982 registered under Section 302 of the Indian Penal Code and 27 of the Arms Act. He was convicted by the Sessions Court vide S.T. No. 103 of 1983 and held guilty of the charges under Sections 302/149 of the I.P.C. and Section 27 of the Arms Act. He further submits that he was sentenced Rigorous imprisonment for life and the aforesaid conviction remains unaltered up to the Hon’ble Apex Court. Cr. Appeal No. 195 of 1986 preferred by this petitioner against the conviction and sentence was dismissed on 05.12.1997 by this Court and the same stood unaltered up to the Hon’ble Apex Court. Learned counsel further submits that up till now he has remained under imprisonment for more than 14 years. He further submits that considering his good conduct in jail, earlier the jail authority has granted 15 days parole in the year 2005 and the petitioner 2 after availing the benefit, surrendered in time. He further submits that he sustained paralytic stroke in his right part of body and became fully immovable from his right part. The jail authorities got him treated at Sadar Hospital, Buxar and thereafter at P.M.C.H. Patna vide Memo no. 01 dated 02.01.2007 and Memo no. 438 dated 04.02.2007. He further submits that considering the nature of ailment to which the petitioner was sustained, this Court had granted parole on 09.05.2007 vide Cr.W.J.C. No. 214 of 2007. A S.L.P. preferred by the State Government against the order of grant of parole by this Court, too remained unaltered up to the Hon’ble Apex Court. Learned counsel further submits that vide notification dated 10.12.2002 of Home (Special), Government of Bihar provides for pre-mature release and remission of a life convict prisoner, who are suffering from Cancer, AIDS, Kidney ailment and other incurable ailment. In this respect, learned counsel has referred to Sub-clause (Ch) of Clause (iii) of notification dated 10.12.2002 of Home (Special), Government of Bihar, as contained in Annexure-1. He further submits that he has already filed a representation before the State Sentence Remission Board, Patna. Having heard the counsel for the parties, I am of the view that the petitioner if advised may file fresh representation before the State Sentence Remission Board, Patna and in case such representation is being filed, the State Sentence Remission Board, Patna should consider the same in accordance with law and particularly Sub-clause 3 (Ch) of Clause (iii) of notification dated 10.12.2002 of Home (Special), Government of Bihar, as contained in Annexure-1 within a period of two months from the date of receipt of representation. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)