- (1.) HEARD the parties.
(2.) THIS application has been filed on behalf of life convicts, namely, Kedar Bhuiyan and Kail Bhuiyan under Articles 226 and 227 of the Constitution of India for issuance of appropriate writ directing the State authority to consider the case of the petitioners for pre -mature release in terms of provisions as contained in Section 432 of the Code of Criminal Procedure or Article 161 of the Constitution of India as also in terms of letter No. 3676 dated 18.8.2003 issued by the Government of Jharkhand. Learned counsel appearing for the petitioners submits that petitioners were convicted under Sections 302/34, 201/34 and 323/34 of the Indian Penal Code and were sentenced to life imprisonment. The said order got confirmed in Cr. App. (DB) No. 96 of 1996 (R) on 5.9.2002 and that the appellants are presently lodged in Central Jail, Hazaribagh and have remained in custody for more than 14 years but the authorities never considered the case of the appellants for pre - mature release in terms of Section 432 of the Code of Criminal Procedure as well as letter No. 3676, dated 18.8.2003.
(3.) A counter -affidavit has been filed on behalf of the State wherein it has been stated that petitioner No. 1 Kedar Bhuiyan and petitioner No. 2 Kail Bhuiyan have not completed 20 years in custody including the period of remissions as they are short of slightly more than six months in completing 20 years in custody including the period of remission.;