IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.211 of 2009 1. SHAMBHU RAM S/O LATE RAM PRASAD RAM 2. BHULAN RAM S/O SHUKHLAL RAM 3. BUDH RAM @ BUDHAR RAM S/O LATE RANGLAL RAM 4. BIKRAJ RAM S/O LATE MURAT RAM 5. RAMAN RAM S/O LATE GUDARI RAM 6. SHANKAR RAM S/O LATE BHARAT RAM 7. MAHENDRA RAM S/O LATE GODHAN RAM 8. JIUT RAM S/O LATE LOCHAN RAM ALL R/O VILLAGE BASAWAN KALA, P.S. SIKRAUL, DISTRICT-BUXAR. -PETITIONERS Versus 1. STATE OF BIHAR 2. THE CHIEF SECRETARY, SATE OF BIHAR, PATNA. 3. THE HOME SECRETARY, STATE OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL (JAIL), STATE OF BIHAR, PATNA 5. THE JAIL SUPERINTENDENT, SPECIAL CENTRAL JAIL BHAGALPUR, DISTRICT-BHAGALPUR. 6. THE JAIL SUPERINTENDENT, CENTRAL JAIL, BHAGALPUR. 7. THE JAIL SUPERINTENDENT, CENTRAL JAIL, BUXAR, DISTRICT-BUXAR. -RESPONDENTS 3 20.4.2009 It is the case of the petitioners that the petitioners were arrested in connection with Sikraul P.S. Case no. 25 of 1999 and 26 of 1999. Sikraul P.S. Case no. 25 of 1999 was tried as Sessions Trial No. 50 of 2000 whereas Sikraul P.S. Case no. 26 of 1999 was tried as Sessions Trial no. 49 of 2000. Sikraul P.S. case no. 26 of 1999 was initially registered under Sections 147, 148, 149, 307 of the Indian 2 Penal Code and later on Sections 302 of the Indian Penal Code and 27 of the Arms Act were also added. Although petitioners and others are acquitted from the Sessions Trial no. 49 of 2000 by the High Court, their conviction for ten years in Sessions Trial no. 50 of 2000 was confirmed. Therefore, the petitioners’ case is thatr since they have completed the period of sentence awarded to them, after considering the period of remission granted, they may be released forthwith. Only some of the petitioners were released. It is the contention of the respondents that since they were charge sheeted for another offence also remission has to be counted in that case. It is true that they were convicted and sentenced in both cases have to suffer the sentence consequently. But in this case, they were apprehended on the same day as the case was registered on the same day. In one case they were acquitted. Therefore, imprisonment is for only one offence. They are also entitled to be released as they have suffered the sentence imposed on them taking the remission period also. It is the case of the respondents that petitioner 3 no.3 was apprehended on 6.8.1999 and petitioner no.7 was apprehended on 26.8.1999 and therefore, their period of conviction will expire on 6.8.2009 and 27.9.2009 and such an interpretation cannot be accepted as in one case they were acquitted. Cases were registered on one day and therefore, they are entitled for remission of sentence in that case. Considering the petitioners’ sentence even otherwise all of them were entitled to be released and some of them were released as they suffered the sentence without remission. They have completed their sentence period and therefore, those who are not released from the prison should be released forthwith if they are not required in any other case. Copy of this order be communicated by FAX to the Central Jail, Buxar and Central Jail, Bhagalpur. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad