Hakim Singh vs The State of Bihar and Others

The Petitioner was an accused in Udwantnagar P.S. Case No. 58 of 1986 for the offences u/s 302 of the Indian Penal Code and Section 27 of the Arms Act. After investigation, charge sheet was submitted. The case was committed and on commitment, Sessions Trial No. 267 of 1986 was registered. On trial, the Petitioner was convicted for the offence u/s 302 IPC and sentenced to undergo imprisonment for life.

It has been stated in the petition that the Petitioner is in jail with effect from 27th April, 1987, i.e. for more than 14 years. A report to the aforesaid effect has also been annexed as Annexure 3 wherein it has been stated that the Petitioner is in jail for 15 years five months and six days as on 20.8.2001.

The Petitioner has filed an application for his release on 10.8.2001 (Annexure 2) on the ground that he has remained in actual custody for more than 14 years. On the said petition, the Jail Superintendent has recommended and forwarded the matter to the I.G. Prisons. However, no final order has been passed as yet on that petition.

It is well known that in a case of life imprisonment, actual period of imprisonment required is 14 years. There are provisions for remission and even the remission has been given on certain occasion, it is not known as to how much remission has been granted to the Petitioner. In that view of the matter, this writ petition is disposed of directing the I.G. Prisons/competent authority to consider the case of the Petitioner immediately and pass necessary final order without any delay. The entire exercise of consideration and disposal must be made within a period of three weeks from the date of receipt/production of a copy of this order.