- (1.) THIS writ application has been filed for a direction upon respondents to release the petitioner from the imprisonment forthwith in terms of the Government Resolution contained in Memo no. 1315 dated 18.4.2007 as the petitioner who on being found guilty for the offence under section 302 of the Indian Penal Code was sentenced for life imprisonment has served sentence for more than 26 years.
(2.) IT was contended on behalf of the petitioner that the petitioner and two others, namely, Naresh Singh @ Lal Naresh Nath Sahdeo and Raju Ram on being convicted on 5.12.1994 in Sessions Trial No.526 of 1992 under section 302/34 of the Indian Penal Code for committing murder of one Kedar Sah were sentenced to undergo imprisonment for life. Further contention is that on completion of imprisonment for more than 25 years including the period of remission, the petitioner has not been released, though in terms of the Government Resolution as contained in Memo no.1315 of 18.4.2007, he should have been released after completion of 25 years of imprisonment including the period of remission whereas other co -convict, namely, Naresh Singh @ Lal Naresh Nath Sahdeo has already been released from imprisonment and under this situation, the petitioner has filed this writ application for a direction to the authority to release the petitioner forthwith.
(3.) A counter affidavit has been filed on behalf of the respondents that the case of the petitioner when was placed before the "State Sentence Review Board", the Board did feel that the clause with respect to release of a convict after completion of 25 years of imprisonment including the period of remission put in the Resolution No.1315 dated 18.4.2007 is not inconsonance with the guideline laid down by the Hon'ble Supreme Court in a case of Laxman Nasker V/s. Union of India (AIR 2000 SC 986) as according to the said decision life sentence is nothing less than lifelong imprisonment and, therefore, the matter has been referred to the Government for consideration for the necessary amendment in the said resolution and under this situation, the matter relating to release of the petitioner was kept in abeyance.;