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MD KAILASH v. STATE OF BIHAR

Supreme Court of India | Diary 10227/2026

Status

ROP - of Main Case

Decided On

12-03-2026

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA and HON'BLE MR. JUSTICE N.V. ANJARIA

Petitioner

MD KAILASH

Respondent

STATE OF BIHAR

Primary Holding

When a convict has been in custody for a prolonged period, the concerned jail authority may be directed to forward the case for consideration of premature release or remission under the State's extant policy, to be decided expeditiously by the competent authority.

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Full Judgment Text

1 ITEM NO.30 COURT NO.17 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10227/2026 [Arising out of impugned final judgment and order dated 02-02-2016 in CRADB No. 767/2006 passed by the High Court of Judicature at Patna] MD KAILASH Petitioner(s) VERSUS STATE OF BIHAR Respondent(s) IA No. 71534/2026 - CONDONATION OF DELAY IN FILING Date : 12-03-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE N.V. ANJARIA For Petitioner(s) : Mr. Sayed Wasim Qadri, Sr. Adv. Mr. M. K. Ghosh, Adv. Ms. Tina Garg, AOR Mr. Anirudh Alex Victor, Adv. M/s Gauri Swarup Bansal, Adv. Mr. Saeed Wasim Qadri, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 2. Upon hearing learned senior counsel for the petitioner, we are not inclined to entertain this Special Leave Petition on merits and the same is, accordingly, dismissed. 3. However, considering that the petitioner is in custody for about 17 years and 03 months, we

2 direct that the concerned Jail Superintendent shall forward the petitioner’s case for consideration of his pre-mature release/ remission in accordance with the extant State policy. On such reference being made, the concerned competent authority of the State Government shall decide the same at the earliest, preferably within three months from the date of such reference being made/ filed. 4. Pending application(s), if any, shall stand disposed of. (NISHA KHULBEY) (CHETNA BALOONI) COURT MASTER(SH) COURT MASTER(NSH)

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