IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.255 of 2011 CHANDRA BHUSHAN PANDIT Versus THE STATE OF BIHAR & ORS ----------- 2. 06.05.2011 Heard the counsel for the petitioner and the State. The grievance of the petitioner that the representation of the petitioner for his release from the jail custody was rejected without granting the remission available to him under the law including of the Government notification no.3106 dated 10th of December 2002 as contained in Annexure 3. It is submitted that clause 3 of the aforesaid letter contained different clauses relevant to consider the case for grant of the remission, however the case of the petitioner is that competent authority while considering the proposal of the petitioner for earlier release did not consider the aforesaid provision which provides the grant of remission on the ground of certain allegations. The submission is that the proposal of the petitioner was not correctly considered and disposed of in terms of the aforesaid Government notification while passing the order dated 6th October 2010 as contained in Annexure -11. The learned Government Advocate No. -7 appears for the State and submit that the proposal of the petitioner was considered by the aforesaid order as contained in Annexure-11 in the light of the previous order of this Court passed on 19th July 2010 in Cr.W.J.C No. 866 of 2009. The learned counsel for the petitioner submits that 2 this Court has directed to consider the representation of the petitioner as per the law as per Government notification dated 10th December 2002 particularly sub clause cha of Clause 3 of the said notification. It is further submitted that the competent authority was required under the law to consider representation of the petitioner in the light of all the relevant guideline including clause 3 particularly clause cha, in the aforesaid circumstances, learned counsel however submits that petitioner proposes to file a fresh representation before the competent authority stating details of the grievance as also relevant documents in support of his claim for remission. In case such a petition is filed as stated above within a period of three months the representation/ proposal of the petitioner be considered by State Sentence Remission Board , Patna in accordance with law. Considering all relevant guidelines contained in the aforementioned Government notification no 3106 dated 10th of December 2002 as contained in Annexure 11 expeditiously preferably within a period of two months on the receipt/ production of the certified copy of this order. The order dated 6th of October 2010 so far it release to the petitioner Chandra Bhushan Pandit as contained in Clause 3 of the aforesaid order stands quashed. The writ application stands disposed of. Namita ( Shailesh Kumar Sinha, J.)