Judgment 1. This writ application has been filed on behalf of Dharamdeo Singh who has been convicted in an offence punishable under section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for 10 years by the trial court. However, on appeal the sentence was reduced to four years. The petitioner, being aggrieved by the judgment and orders passed by the courts, filed special leave petition before the Supreme Court, which was dismissed. However, this writ application has been filed for release of the petitioner under the provisions of Rule 548 of the Bihar Jail Manual on the ground that the petitioner is an old man of 85 years of age and he is suffering from senile atrophry of brain and it is submitted that he may die at any point of time. The Jail Doctor has written a letter to the Civil Surgeon-cum-Chief Medical Officer including the Jail Suprintendent alleging therein that the petitioner is suffering from the aforesaid ailment and he is unable to recognise the place and he is also of thp opinion that death can occur at any point of time. Accordingly, it is submitted that the petitioner may be released in terms of Rule 548 of the Bihar Jail Manual . Rule 548 reads thus: "(i) When a convicted prisoner is in danger of death from sickness, not due to infectious decease and there appears to be no hope of recovery within or without the jail and it is considered desirable to allow such prisoners the comfort of dying at home, the Superintendent shail report the fact to the Magistrate of the district. (ii) If the unexpired period of the prisoners sentence does not exceed six months, the Magistrate is authorised to direct his immediate release, after making personal enquiries into the case, or in the event of the prisoners offence having been committed in another district, after consulting the Magistrate of that district. (iii) If the unexpired period of the prisoners sentence exceeds six months, the Magistrate shall immediately report the facts of the case with his recommendations thereon to the Commissioner of the Division. If the unexpired portion of the prisoners sentence does not exceed two years the Commissioner is authorised to direct the immediate release of the prisoner. (iii) If the unexpired period of the prisoners sentence exceeds six months, the Magistrate shall immediately report the facts of the case with his recommendations thereon to the Commissioner of the Division. If the unexpired portion of the prisoners sentence does not exceed two years the Commissioner is authorised to direct the immediate release of the prisoner. If the unexpired portion of the sentence exceeds two years if the Commissioner thinks the prisoner should not be released, the Commissioner shall report the facts of the case with his recommendations to Government for orders. (iv) No prisoner who has no friends or relatives willing to take charge of him shall be released under this rule. (v) All release under this rule shall be counted as death in the statistical record of jail." 2. From the aforesaid provision quoted above, the Commissioner of the division can release the convict in terms of Rule 548 aforesaid provided the unexpired period is upto two years. In this case, admittedly, the period is more than two years and, as such, even the Commissioner is not supposed to pass an order in terms of the aforesaid Rule, it is the State Government alone who can release the petitioner. 3. A counter affidavit has been filed on behalf of the State stating therein that the matter has been referred to the Collector of the district for taking necessary steps in the matter. In view of the aforesaid Rule, in the present case, the State Government can take decision in this regard and the Commissioner and/or District Magistrate are not authorised to release the petitioner since the unexpired period is still more than two years. 4. Having regard to the conditions of the petitioner and further having regard to the recommendation made by the Jail Doctor and further having regard to the fact that the petitioner is 85 years of age, as submitted, the State Government, particularly the Home Secretary is directed to take immediate steps in the matter on the basis of the recommendation made by the Jail Doctor as well as the attending Physician, who has referred the matter to Medical College. Since the matter is urgent one, it requires immediate steps on behalf of the authority. Accordingly, the Home Secretary is directed to take immediate decision within one week from the date of receipt/production of a copy of this order. 5. Since the matter is urgent one, it requires immediate steps on behalf of the authority. Accordingly, the Home Secretary is directed to take immediate decision within one week from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. 6. Let a copy of this order be given to the learned counsel for the petitioner for needful.