RAM CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner who is undergoing sentence of life imprisonment has directed this petition against rejection of his application for release on licence under S.2 of the U.P. Prisoners' Release on Probation Act 1938 (U. P. Act No. 8 of 1938).

(2.) From the averments made in the counter-affidavit it appears that till 16th September 1985, the petitioner had undergone actual sentence of 7 years and 23 days only and with remission he had undergone sentence of 10 years and one day. The reason for rejection of the petitioner's application for release has been reproduced in paragraph-6 of the counter affidavit. It is stated in the State Government's order that the petitioner was armed with a sharp edged weapon at the time of the commission of the crime and that till 18th December 1985 he had undergone sentence of 7 years only and since he was aged about 30 years only it could not be inferred that the petitioner will lead a peaceful life.

(3.) The learned counsel for the petitioner Mrs. T. Punvani has challenged the order of the State Government on the following grounds :- (1) that there is non-application of mind on the part of the State Government; and (2) it is based on irrelevant considerations.