VIJAY BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted. The appellant herein was convicted for the offence under Sec. 3021PC and while undergoing the sentence, the respondent-State of Uttar Pradesh passed a general order by which the prisoners were given Remissions and the appellant was released from jail. This Government Order was challenged by the 7th respondent herein and the Division Bench of the Allahabad High Court quashed the Government Order by which the Remissions were granted and this judgment by the Division Bench is challenged in a series of Special Leave Petitions filed before this Court. The High Court was of the view that premature release of prisoners is wholly against public interest and it was arbitrary exercise of power.

(2.) In the instant case, the State Government has filed a counter-affidavit dated 6.10.2002. In paragraph 5 of the counter-affidavit, it is stated that the appellant herein, Vijay Bahadur, has undergone, without Remission 17 years, 7 months and 9 days and with Remissions 25 years, 4 months and 29 days. It is clear that in this case as the appellant has undergone sufficiently long period in jail, the Remission granted to him does not appear to be illegal. We are told that pursuant to the impugned judgment, the appellant had been taken into custody on 27.4.2002 and he is in jail. Without expressing anything on merits regarding the impugned judgment, we direct that the appellant herein be released forthwith if he is not required in any other case.