MANOJ AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is a convicted prisoner suffering sentence for offence under Sections 147, 148 and 302 of the IPC and Sections 25 and 27 of the Arms Act, as he has been sentenced on 30-4-2012. He made application under Rule 4 of the M.P. Prisoner's Release on Probation Rules, 1964 (for short, 'the Rules of 1964') on the ground that he has completed more than 5 years without remission therefore he is entitled to be released on probation as per the Rules of 1964. The said application was considered by the Chhattisgarh Probation Board in its meeting held on 17-10-2017 and the same was rejected vide resolution passed on 17-10-2017 holding that it is not appropriate to enlarge the petitioner on probation and accepting the same, the State Government has passed order on 4-12-2017 (Annexure P-1) against which this writ petition has been preferred.

(2.) Mr. Sunil Pillai, learned counsel appearing for the petitioner, submits that the order impugned smacks total non-application of mind. The decisions of the Supreme Court in the matters of Arvind Yadav v. Ramesh Kumar 1 (2003) 6 SCC 144 and State of Madhya Pradesh and others v. Khuman Singh and another 2 (2014) 15 SCC 188 have not been considered and merely on the basis of gravity of offence, the Probation Board recommended for rejection of the application of the petitioner which has been accepted by the State Government.

(3.) Mr. Ravi Kumar Bhagat, learned Deputy Government Advocate, appearing on behalf of the State / respondents, would support the impugned order.