STATE AND ORS. Vs. S. ABUTHAHIR

JUDGEMENT

(1.) Leave granted. At the request of the learned Counsel for the parties, this appeal has been heard today.

(2.) The learned senior counsel appearing for the Appellants has submitted that the High Court has committed an error by directing that the Respondent should be released in view of G.O. (MS) No. 1155 dated 11.09.2008, though the conditions incorporated in the said G.O. had not been fulfilled by the Respondent/convict. By virtue of the aforestated G.O., certain prisoners undergoing life imprisonment had to be released from jail in view of policy decision taken by the Appellant State on the occasion of birth centenary of Peraringnar Anna.

(3.) According to the learned senior Counsel, one of the conditions precedent for release of the prisoner was that his behavior in the jail should be satisfactory and without examining, whether behavior of the Respondent was satisfactory, the petition filed by the Respondent praying for his release had been allowed by the High Court by the impugned judgment dated 5th June, 2014 in H.C.P. (MD) No. 179 of 2014.