R.R.PRASAD, J. - (1.) THIS writ application has been filed for a direction upon the respondents to release the petitioners from the imprisonment forthwith in terms of the Government Resolution contained in Memo No. 1315 dated 18.4.2007 as the petitioners sentenced for life imprisonment on being found guilty have served sentence for more than 25 years including the period of remission.
(2.) A data furnished on behalf of the petitioners which is part of the writ application showing the number of the case in which each of the petitioner was convicted, the period of custody, period of remission and the period of custody with remission is being reproduced hereinbelow: S. No. PetitionerS.T. No. and SectionsCustodyRemissionCustody incl. remission 1.2.3.4.5.6. 1.Petitioner No. 1 Jagnu Mahto S/O Ruplal MahtoS.T. No. 224/90 (Tenughat) offence 302/34, 302, 411 I.P.C.18yr. 7month 5 days.8yr. 0 month 15days26yr, 7month 20days. 2.Petitioner No. 2 Hasnain Mian s/o Lt. Bhikhu Mian.ST. No. 164/91 (Haz) offence 396 I.P.C.18 yr. 0 month 21 days6 yr. 0 month 18 days25 yr. 1 month 9 days. 3.Bartu Mahto S/o Lt. Kitku Mahto (petitioner -3)S.T. No. 164/91 (Haz) offence 396 I.P.C.19 yr. 9 month 29 days6 yr. 1 month 5 days25 yr. 4 month 4 days. 4. Petitioner -4 Raj Kumar Kuswaha S/o Hardeo Pd.S.T. No. 328/92 offence -302, 34 I.P.C. 16yr. 9 month 17 days8yr. 6 month 15 days28 yr. 4 month 2 days 5.Petitioner -5. Triveni Bhuiyan S/o N.K. BhuiyanS.T. No. 151/92 Section 302/34, 201/34, 323/34 I.P.C17 yr. 07 month 00 days8 yr. 09 month 19 days26 yr. 04 months 19 days. 6.Petitioner -6 Prithivi Bhuyan S/o Ram Jiwan BhuiyanS.T. No. 151/92 Section 302/34, 201/34, 323/34 I.P.C17 yr. 6 month 23 days8 yr. 11 month 11 days26 yrs. 5 month 24 days. 7. Petitioner -7 Ajay Anjola S/o Siril AnjolaS.T. No. - do -17 yr. 1 month 8 days9 yr. 1 month 19 days26 yrs 2 month 27 days. 8.Petitioner -8 Yogai Singh s/o Bishun SinghS.T. No. 151/92, Section 302/34, 201, 323/34 I.P.C17 yr. 7 month 2 days7 yr. 6 month 29 days25 yr. 2 month 2 days. Learned Counsel appearing for the petitioners submits that on completion of imprisonment for more than 25 years including the period of remission, the petitioners made representation before the Secretary, Ministry of Home, Government of Jharkhand, Ranchi and also other authorities for their release in terms of the Government Resolution as contained in memo No. 1315 dated 18.4.2007 but still they have not been released and under this situation, this application has been filed on behalf of the petitioners for a direction to the authorities to release the petitioners 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.;