SANTOSH KUMAR DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, by which writ petition filed by the petitioner assailing the order (Annexure A-2), dated 8-10-2008 passed by the State of M. P., Jail Dept, Bhopal was dismissed.

(2.) Learned Counsel appearing for the appellant submitted that the case of petitioner, for release on probation, was decided in the light of the amendment made in Rule 4 w.e.f. 24-3-2008, while the application of the petitioner was filed much earlier, considered and rejected prior to the amendment. The rejection order was passed by the State of M. P. on 26-12-2005. Against that order, petitioner had filed a writ petition before this Court bearing W.P. No. 1954/06, which was allowed vide order dated 4-7-2006 and the respondents were directed to consider the case of the petitioner afresh for his release on probation. Then case of the petitioner was considered by the respondents and the application of the petitioner was rejected on 24-3-2008. Against the aforesaid order, petitioner had preferred a writ petition bearing No. 15027/08. This Court vide order dated 16-3-2009 in W. P. No. 15027/08. set aside the order dated 24-3-2008 on the ground that the earlier order dated 4-7-2006 of this Court was not complied with, and the respondents were directed to pass a fresh order. Thereafter, State Government again rejected the case of the petitioner vide order dated 20-2-2008, which was also subject-matter of Writ Petition No. 3710/08. In the aforesaid case, order dated 20-2-2008 was set aside and the State Government was directed to reconsider the case of the petitioner.

(3.) In compliance of order dated 3-7-2008 passed in W. P. No. 3710/08, the State Govt, had considered the case of the petitioner vide Annexure A-2 and rejected the case on the ground that the petitioner had not completed 14 years of imprisonment, which was necessary as per amended Provision of section 433(A) of Criminal Procedure Code and Rule 4 of M. P. Prisoners' Release on Probation Act, 1954. This order was subject-matter of W.P. No. 15293/08 before Single Bench. Learned Single Judge found that the case of the petitioner was rightly rejected, against which this appeal has been preferred.