VISHAMBHAR DAYAL Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition Under Article 226 of the Constitution by one Bishambhar Dayal who is in jail undergoing his sentence having been convicted under various sections of the IPC and sentenced to a total period of five years rigorous imprisonment.

(2.) THE allegation in the petition is that even though he applied as far back as May, 1965 for the release on licence in accordance with the provisions of the UP Prisoners' Release on Probation Act, 1938 and his case, as envisaged by the rules framed thereunder, was recommended by the Board, the State Government communicated its order of rejection in August, 1967. The Petitioner maintains that in passing that order he has been discriminated and as such the order is liable to be quashed. Accordingly, the prayer in the petition is that it be declared that any further detention of the Petitioner in the prison is unlawful and the Petitioner be directed to be released on probation.

(3.) THE fact that the Board recommended the case of the Petitioner for release and that the State Government did not accept that recommendation with the result that the Petitioner's prayer for release on probation has been rejected is not in controversy. On this date of hearing learned Chief Standing Counsel has produced before us the relevant noting which has led to the passing of the order of rejection. The order of rejection so far as the Petitioner is concerned proceeds thus: