ADITYA NARIAN RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner with a prayer to quash the impugned order dated 15.12.2016 passed by the respondent no. 2 Principal Secretary (Home), U.P., Lucknow by which the petitioner's representation to discharge him from the conditions of licence under the U.P. Prisoners Release on Probation Act, 1938 as it was granted to the petitioner by the previous order dated 18.11.1985 passed by the State Government has been rejected.

(2.) The brief facts of the case are that the petitioner was facing trial in S.T. No. 161 of 1974 for offence under Section 302/34 I.P.C. and he was sentenced to life imprisonment by the learned District and Sessions Judge, Ghazipur vide judgement and order dated 13.3.1975. Aggrieved by the said order, the petitioner preferred a criminal appeal before this Court which was dismissed on 18.12.1978 and sentence awarded by the trial court was confirmed. The petitioner is stated to have served out more than 12 years of sentence with remission earned by him. While the petitioner was serving life sentence his Form-A was sent for its consideration to the State Government under the U.P. Prisoner Release on Probation Act, 1938 (hereinafter referred as the Probation Act) and Rules framed in the year, 1939, from the Central Jail, Varanasi. The conduct of the petitioner was found to be satisfactory and his release under the Probation Act was recommended by the Jail Authorities as well as District Magistrate and Probation Officer, Ghazipur. The premature release of the petitioner under the Probation Act was not considered by the respondents, hence, he preferred a Writ Petition No. 2792 of 1983 before the Apex Court which was finally disposed of by its judgment and order dated 11.7.1984. By virtue of the order of the Apex Court, the State Government failed to comply the order/direction given by the Apex Court within the time allowed by the Court, the petitioner was released on bail to the satisfaction of District and Sessions Judge, Ghazipur on 17.01.1985. In pursuance of the judgement and order of the Apex Court, the matter for premature release of the petitioner was considered by the State Government and the petitioner was found to be eligible, accordingly, he was released on licence by the State Government vide its order dated 18.11.1985 under the Probation Act, 1938. In view of the order dated 18.11.1985 passed by State Government, the petitioner was released on licence by the State Government in view of judgement and order dated 11th July, 1984 passed by the Apex Court and as such he was not required to surrender in jail.

(3.) A bail cancellation application was moved by D.G.C (Criminal), Ghazipur being Bail Cancellation Application No. 1239 of 1995 in the Court of District and Sessions Judge, Ghazipur stating that the petitioner be re-arrested and non-bailable warrant be issued against him to serve out the rest of the sentence. The District and Session Judge on 6.6.1996 issued non-bailable-warrant against the petitioner. Aggrieved by the same petitioner preferred a Writ Petition No. 2107 of 1996 before this Court against the order dated 6.6.1996 and he also moved an application on 3.8.1996 in the Court of Sessions Judge to recall the order dated 6.6.1996 and cancel the same. Learned Sessions Judge, Ghazipur by the impugned order dated 7.8.1996 rejecting the said application.