RAMSEWAK Vs. STATE OF M. P. JAIL DEPARTMENT

JUDGEMENT

(1.) . The petitioner is a life convict whose application for release on licence is pending with District Magistrate, Shahdol.

(2.) THE grievance of the petitioner is that his application with the District Magistrate is pending since 3 -2 -89. In the earlier writ petition filed by him, the Hon'ble High Court by order dated 31 -7 -89 in M. P. No. 2916/89 (Anaexure -1) granted 6 months time to the State Govt. to decide the petitioner's application. Despite such an order, the State Govt. has failed to decide his application which has not even now crossed beyond the stage of the District Magistrate. The petitioner prays for his release on bail pending decision of his application.

(3.) WE find that rule 4 of the M. P. Prisoners Release on Probation Rules, 1964 was amended on 12 -6 -89 whereby the word "with" was substituted by the word "without". The effect of this amendment was that after 12 -6 -89 a prisoner does not become eligible for being considered for release on licence unless he has served one third of his sentence of imprisonment or a total period of 5 years without remission, (emphasis is supplied to show the result of amendment). Considering the amended rule, it must be held that since the petitioner has not served even till this date a total period of 5 years without remission (his conviction having been recorded on 24 -2 -86) he is no eligible for being considered for release on licence. The rule as amended on 12 -6 -89 was not brought to the notice of the Bench which passed the previous order on 31 -7 -89.