C A PIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Kerala High Court dismissing the writ appeal filed by the appellant.

(3.) Background facts in a nutshell are as follows: The appellant is suffering life imprisonment in Central Jail, Kannur in view of the conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). He made a claim before the State Government that the Kerala Prison Rules, 1958 (in short 'Rules') provide for release on probation on completion of 8 years of custody. According to him the period of study leave amounting to 6 years 10 months and 13 days have to be reckoned while computing the period of sentence undergone. The prayer was rejected on the ground that the writ petitioner had not suffered 8 years of custodial sentence and, in fact, he had undergone imprisonment for 6 years, 3 months and 25 days to which the remand period of 1 month and 17 days is to be added making a total of 6 years 5 months and 10 days. The High Court found substance in the stand of the State Government with reference to Rule 225(2) that the writ petitioner was not entitled to any relief. A writ appeal was filed before the High Court. The Division Bench by the impugned order held that the case of the writ petitioner could not have been placed before the committee as he has not suffered mandatory period of 8 years of sentence.