RACHAPAL Vs. STATE OF U P

JUDGEMENT

(1.) THE facts giving rise to this writ petition are that the petitioner alongwith 188 other prisoners undergoing sentence of imprisonment under Section 302 I.P.C. made a representation to the State Government for release on licence under the provisions of U.P. Prisoner's Release on Probation Act, 1938. While their representation was pending for disposal before the State Government they moved the Hon'ble Supreme Court by filing writ petitions seeking release on a writ of mandate issuing direction to the State Government of Uttar Pradesh and the concerned officers to consider and dispose of their application within a period of four months. Hon'ble Supreme Court while disposing of the writ petitions ordered that if. for any reason, the applications are not disposed of within the period of four months the petitioners shall then be released on their furnishing bail to the satisfaction of the concerned District and Sessions Judge and the District and Sessions Judge shall satisfy himself that the applications of the petitioners was not disposed of within the aforesaid period before the grant of bail. As the State Government could not dispose of the application so moved by the petitioners within the said period of four months they were ordered to be released on bail. As per orders of Hon'ble Supreme Court, in the event of applications being ultimately rejected by the State Government it was left open to the State Government to move the concerned District and Sessions Judge for cancellation of bail and liberty was granted to the petitioners to move the concerned High Court, if so advised against that order of cancellation.

(2.) IN this case the State Government has now disposed of the application moved by the petitioner vide order dated 31.7.1984 but the order for cancellation of bail is still to be passed. The matter is still pending before the concerned District and Sessions Judge. It is this order of rejection of application moved by the petitioner which has been challenged in this writ petition after a lapse of about 10 years and they are enjoying the benefit of bail till now.

(3.) WE have given our considered thought on the submissions made by the learned counsel for the petitioner as well as by the learned Standing Counsel.