STATE OF UTTAR PRADESH Vs. BARATI

JUDGEMENT

(1.) This appeal by the state of Uttar Pradesh is in challenge of the order passed by a Division Bench of the High Court of Allahabad dated 2-12- 1997. As per the said judgment the High court directed the State Government to release the respondent-Barati from jail "forthwith after necessary formalities in accordance with law unless wanted in other case". Respondent was convicted for the offence under Section 302 of the Indian penal Code and sentenced to life imprisonment. He was convicted on 21/02/1981. He applied for pre-mature release from jail after completion of jail term of more than 14 years. The release was recommended by the Advisory Board as well as the Probation Officer. As the State government did not release him he moved the High Court by way of a writ petition. The impugned order was passed by the division Bench in the said writ petition.

(2.) We are now told that respondent has already been released from jail. For what purpose the State has filed this appeal has not been satisfactorily explained to us. Learned counsel made an endeavour to substantiate that this appeal was filed for establishing the right of the State in taking the final decision regarding the pre-mature release of a convicted person. The impugned judgment does not in any manner impinge on such power as right of the State. Nothing could be seen there-from as making any in road into the jurisdiction of the State in taking the final decision. Appellant-State has not even produced the copy of the order, if any, passed on the recommendation made by the Advisory board or the Probation Officer in respect of the pre-mature release of the respondent. In such circumstances there is nothing to be decided by this Court. Appeal is accordingly dismissed.