PRADEEP DANTRE Vs. STATE OF MP

JUDGEMENT

(1.) Heard. Appellant has filed this writ appeal against the order dated 20/3/2010 passed by learned Single Judge of this Court in Writ Petition No,. 1620/2009.

(2.) The appellant was convicted and awarded a sentence of life imprisonment under Section 302 IPC in Sessions Trial No.33/83 vide judgment dated 07.03.1984 passed by the Sessions Judge, Datia. Against the aforesaid judgment the appellant preferred a criminal appeal along with co-accused, Santosh, which was dismissed vide judgment dated 30.11.1999 passed in Criminal Appeal No. 100/84. Thereafter, a Special Leave Petition, was filed. That has also been dismissed by the Hon'ble Supreme Court.

(3.) The appellant was in jail during trial for 15 months and since his conviction in the Sessions Trial he is in jail. The appellant submitted an application for his release on probation in accordance with the terms and conditions of Sub-rule (1) of Rule 6 of the M.P. Prisoners' Release on Probation Rules, 1964, hereinafter referred to as the 'Rules of 1964. The Superintendent of Police, Datia; Collector, Datia, Probation Officer (Welfare Probation Officer), Jail Departmen Superintendent. (Jail) Station House Officer, Police-Station Indergarh recommended the case of the appellant for his release on probation. Family members of the deceased have also submitted their recommendation for the release of the appellant on probation. The State Government vide order dated 28th February 2008 rejected the application of the appellant for his release on probation.