ROSHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is a life convict having been sentenced under Section 302/34, IPC on 24-3-82 in Session Trial No. 316/81. At present he is lodged in Model Jail, Lucknow. By 31-12-97 the petitioner had undergone 14 years 23 days of actual imprisonment and had earned remission of 4 years, 8 months and 7 days and as such by now he has undergone about 20 years imprisonment with remission. Apart from this, the petitioner remained in jail as an under-trial prisoner for a period of 11 months and 15 days. THE petitioner had applied for premature release under the provisions of U. P. Prisoners' Release on Probation Act, 1938 popularly known as Form 'a' which the State Government rejected on 5-1-91, against which, this petition has been preferred.

(2.) LEARNED Addl. Government Advo cate has filed photo copies of reports of its Officers and different agencies, which show that the conduct of the petitioner was satisfactory in jail. The Probation Of ficer stated that the petitioner's guardian was fit and his conduct in jail has been satisfactory, but since the petitioner has not undergone sufficient period of actual imprisonment, he was not recommending his premature release. The District Magistrate agreed that the petitioner's guardian was a fit person, but stated that the relations between the petitioner and his opponents are still tense, therefore, premature release was not being recom mended. The Probation Board adopted a very soft and short cut method and without assigning any reason tick marked column No. 8 "rejected". It shows that there was no application of mind of the Board. Further, the report of the District Magistrate was dated 10-1-1989 and now the circumstances in the village to which the petitioner belonged might have changed substantially. 4. In view of the above, the petition is allowed. The order dated 5-1-91 passed by the State Government rejecting the petitioner's premature released on Form A' is quashed. It is directed that the petitioner shall be furnished a fresh Form A' on which after obtaining fresh reports, the State Government shall take a decision as expeditiously as possible. Petition allowed. .