IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.146 OF 2010 RAMANUJ SHARMA, SON OF BASUDEO SHARMA, RESIDENT OF VILLAGE DOHIA, P.S. DOHIA (JEHANABAD) IN THE DISTRICT OF JEHANABAD………………………………………………….…..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE CHIEF SECRETRY, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA 4. THE INSPECTOR GENERAL OF PRISON, GOVERNMENT OF BIHAR, PATNA 5. SUPERINTENDENT OF JAIL, CENTRAL JAIL, GAYA IN THE DISTRICT OF GAYA 6. THE PROBATION OFFICER, JEHANABAD IN THE DISTRICT OF JEHANABAD…………….RESPONDENTS ----------- 3. 08.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to forward his case for consideration by the Bihar State Conviction Remission Commission (in short, ‘the Commission’) for grant of remission and his release. Petitioner was convicted in a case under Section 302 read with Section 149 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. Serving such sentence, he has remained in jail for total period of more than 20 years. Learned counsel for the petitioner - 2 - submits that, as per notification of the State Government dated 10th December, 2002, petitioner becomes eligible for grant of remission. He has drawn attention of this Court towards a communication sent by the Probation Officer, Jehanabad to the Superintendent, Central Jail, Gaya, annexed as Annexure-1, along with which a report has been submitted, which shows that the age of the petitioner is about 60 years. He submits that this report is dated 10.09.2007 and now, petitioner has crossed the age of 60 years. He has drawn attention of this Court to another letter of the Superintendent of Police, Jehanabad addressed to the Superintendent, Central Jail dated 24.08.2007 in which case details of his conviction and past criminal history and cases of different convicted persons have also been dealt with. This report shows that petitioner has no criminal history and in the opinion of the Superintendent, release of this petitioner will not be prejudicial to maintenance of the law and order. In view of this report, learned counsel for the petitioner submits that the case of the petitioner ought to have been referred by - 3 - the Superintendent, Central Jail, Gaya to the Commission for consideration of his case for grant of remission as per law. That having not been done, petitioner has filed this writ application. The notification of the State Government, by which the Commission has been constituted, lays down certain guidelines and criteria for grant of remission. The concerned Superintendent of Jail has to satisfy himself about the eligibility of the convicts and has to forward cases of such convicted persons, who may be considered for grant of remission. Prima facie, it appears that petitioner fulfils all the conditions. Learned counsel for the petitioner also submits that a co-convict, who was also convicted in the same trial, has already been allowed remission by the Commission. In that view of the matter, this Court is of the opinion that the case of the petitioner should be referred to the Bihar State Conviction Remission Commission for consideration of his case for grant of remission in accordance with law. - 4 - The writ application is, accordingly, disposed of with a direction to the Superintendent of Central Jail, Gaya to forward the case of the petitioner with all details and report to the State Commission for consideration of his case for grant of remission in accordance with law in its next meeting. The Commission shall also examine and verify – whether a co-convict, convicted in the same trial and of same age or younger to the petitioner, has been allowed remission or not. In case the Commission finds that the co-convict of the petitioner has been allowed remission and his age is lesser than the petitioner, it shall not reject the case of the petitioner on the ground of age. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)