A. ULAGANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner had been convicted and sentenced to undergo life imprisonment in S.C. 59 of 1981 on the file of Sessions Judge, Tirunelveli for the offence under Sections 147, 148 and 302 I.P.C. He is in custody from 4.8.1981.

(2.) It is the case of the petitioner herein that by virtue of Government Order No. 1522, dated 20.10.1997, he is entitled to be released, since the said G.O. directs release of all the life prisoners convicted by the. Court of this State on or after 18.12.1978 and who have undergone ten years of actual imprisonment as on 15.8.1997. Clause-2 of the said G.O. specifies that those who are convicted for the offences specified in G.O. Ms. No. 1762, Home, dated 20.7.997 will not be eligible for this concession excepting prisoners convicted under Sec. 224 of Indian Penal Code for overstayal of parole leave only. Since the petitioner does not fall under the categories specified in G.O. Ms. No. 1762, Home, dated 20.7.1997 and having been convicted under Sec. 224 for his overstayal, the petitioner is entitled to be released at present on the ground that he is entitled for the benefit of the said G.O. Ms. 1522, Home, dated 20.10.1997.

(3.) It is opposed by the learned Additional Public Prosecutor on the ground that the petitioner had escaped from the prison from 20.5.1987 to 6.7.1992, for more than five years and on his apprehension, a case was laid for the offence under Sec. 224 I.P.C. Even though the trial proceeded, on the ground of benefit of doubt, the petitioner was acquitted. In view of the subsequent G.O. Ms. No. 1292, Home, dated 17.9.1998, the petitioner is not entitled for the benefit of G.O.Ms. No. 1522, Home, dated 20.10.1997. Hence, the petition cannot be ordered.