PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 10:

Heard the parties.

2. By way of this writ application the petitioner has prayed for the following relief:-

(i)For Issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of the State Remission Board dated 12.09.2023 so far it relates to the petitioner, whereby and whereunder the State Remission Board has been pleased to reject the proposal of the petitioner for his pre-mature release interalia on the ground that under clause (iv) (ka) and (kha) of notification No. 3106 dated 10.12.2002 the petitioner is not eligible for grant of pre-mature release.

(ii)For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to consider the case of the petitioner for pre-mature release and release him in connection with Sessions Trial No. 55 of 2006 arising out of Fulwaria P.S. Case No. 1 of 2006 on the ground that now the petitioner has already completed more than 22 years of sentence with remission and more than 17 years of his physical incarceration, taking into consideration that the case of the petitioner has been covered under 1984 Policy prevailing at the relevant time of his conviction since the petitioner was convicted on 10.4.2006 and the notification no. 3106 dated 10.12.2002 came into force with effect from 2.7.2007.

3. The petitioner is aggrieved by the rejection of his application for early release as he has completed 19 years in actual imprisonment.

4. The petitioner was convicted under section 364, 302, 201 of the Indian penal Code and were sentenced to death by the learned District & Sessions Judge, Gopalganj in Sessions Trial No. 55 of 2006 arising out of Phulwari P.S. Case No. 1 of 2006 vide Judgement dated 05.04.2006 and order on the point of sentence dated 10.04.2006. Subsequently, this court in Cr. Appeal (DB) No. 329 of 2006 had commuted the death sentence of the petitioner to life imprisonment.

5. The petitioner had previously approached this court through Cr.W.J.C. No. 103 of 2022, for pre mature release after completing 14 years of actual imprisonment and the same was disposed vide order dated 18.07.2023. The relevant paragraphs of the aforesaid order read as under: -

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