PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

Heard learned counsel for the parties.

2. The instant petition has been filed seeking following relief(s):-

"That this Criminal Writ is being filed for issuance of direction to the State Government of Bihar for consideration of the case of the petitioner's son namely Laloo Mian @ Aslam Mian, who has already been completed more than 16 years in judicial custody without any complain convicted in the offence of murder punishable under Section 302 of the Indian Penal Code whereby and whereunder her son sentenced to suffer R.I. for life terms of not less than 20 years in connection with Minapur P.S. Case No. 240/2008 correspondence to S. Tr. No. 795/2009, order of conviction dated 25.08.2011 and order of sentence dated 05.09.2011 passed by the learned Addl. Sessions Judge, Fast Track Court No.-III, Muzaffarpur and affirmed by the Hon'ble Patna High Court in Cr. Appeal (D.B.) No. 1055 of 2011 vide order dated 22.08.2016 passed by Hon'ble Mr. Justice Samrendra Pratap Singh and Hon'ble Mr. Justice Rajendra Kumar Mishra on the ground of petitioner is suffering from so many age related chronical diseases and not in position to even see and move properly and want to meet her son at the verge of last period of life."

3. At the outset, learned counsel for the State has pointed out that as per the policy of the State Government, the convict has to complete 14 years of actual custody and 20 years of custody with remission for being eligible for remission. In the present case, though the petitioner has completed 14 years of actual custody, he has not completed 20 years of custody with remission and has completed only 19 years 10 months approximately and for this reason, the case of convict Laloo Mian @ Aslam Mian could not be considered by the Remission Board.

4. At this stage, learned counsel for the petitioner submits that as the convict Laloo Mian @ Aslam Mian is completing 20 years of custody with remission on 20.12.2025, the present petition may be disposed of with liberty to convict Laloo Mian @ Akash Mian to approach before the Remission Board after completion of period of 20 years with remission.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTYjMTk2MCMyMDI0IzEjTg==-M9UnWAT8910=

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