BABUA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Crpc has been filed for quashing of the order dated 7-6-1991 passed by the learned Sessions Judge, Fatehpur by which applications moved by the State were allowed and the bail granted to the applicants was cancelled.

(2.) THE applicants along with some others were prosecuted for having committed murder of four persons in S. T. No. A-67 of 1974. THE learned Addl. Sessions Judge, Fatehpur convicted the applicants under Sections 147, 148,149,307,302, IPC and sentenced them to various terms of imprisonment by the judgment and order, dated 2-12-1974. THE appeal preferred by the applicants was dismissed by the High Court on 2-9-1975. While undergoing sentence the applicants applied for being released on probation under U. P. Prisoners Release on Probation Act, 1938 but their application was kept pending by the State Government. Applicants then preferred writ petitions No. 1528 and 1529 of 1983 before the Supreme Court which were disposed of on 2-1-1984 and the relevant part of the order reads as follows: "a writ of mandamus to be issued to the State Government to con sider and dispose of their applications for release after the expiry of the postponed period. If, for any reasons, the appli cations are not disposed of within six months after the expiry of the period for which they have been postponed, the peti tioners are directed to be released on ball to the satisfaction of the concerned District and Sessions Judge, who shall satisfy himself that the applications have not been disposed of within the time-limit specified above. In case of real hardship bail may be granted on execution of personal bond. In the event of the applications being ultimately rejected by the State Government, it will be open to the State Government move the concerned District and Sessions Judge for cancellation of bail and the persons will be at liberty to challenge the order of rejection, if so advised, in the concerned High Court. THE writ petitions are disposed of accordingly. "

(3.) SUBSEQUENTLY the State Government sent a letter dated 21-2-1991 to the District Magistrate, Fatehpur informing that the applications moved by the applicants for being released on probation had been rejected on 15-7-1986. On the basis of the aforesaid letter, an application was moved on behalf of the State for canceling the bail granted to the applicants. This application was allowed by the learned Sessions Judge, Fatehpur by the impugned order, dated 7-6-1991 and the bail granted to the applicants was cancelled. Feeling aggrieved by the aforesaid order, the present petition has been filed under Section 482, Crpc.