SUBRATO BACHASPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) Through this judgment, we propose to decide this batch of fifteen Letters Patent Appeals [L.P.A. No. 212 of 2001 (Subrato Bachaspati v. State or M.P. and others), L.P.A. No. 224 of 2001 (Shambhu Prasad alias Chhota v. State of M.P.), L.P.A. No. 237 of 2001 (Makhhan v. State of M.P. and another), L.P.A. No. 245 of 2001 (Jawala Prasad v. State or M.P. and others), L.P.A. No. 254 of 2001 (Ram Murti v. State of M.P. and others), L.P.A. No. 255 of 2001 (Anil Kumar v. State of M.P. and others), L.P.A. No. 284 of 2001 (Ram Raj v. State of M.P. and others), L.P.A. No. 304 of 2001 (Manohar v. State or M.P. and others), L.P.A. No.6 of 2002 (Ramesh Kumar v. State of M.P. and others), L.P.A. No. 12 of 2002 (Manohar and others v. State of M.P. and others), L.P.A. No. 59 of 2002 (Hari alias Harish Chand v. State of M.P. and others), L.P.A. No. 121 of 2002 (Ishwar Dayal v. State of M.P. and others), L.P.A. No. 122 of 2002 (Gheese Lal and others v. State of M.P. and others), L.P.A. No. 128 of 2002 (Raj Kumar v. State of M.P. and others) and L.P.A. No. 137 of 2002 (Rajesh and others v. State of M.P. and others) since common question of law arises for consideration in all of them, arising out of separate judgments passed by learned single Judge in the writ petitions filed by appellants/petitioners for release on probation under the M.P. Prisoners Release on Probation Act, 1954 (for short 'Probation Act, 1954') and the M.P. Prisoners Release on Probation Rules, 1964 (for short 'the Rules').

(2.) 1994 JLJ 795), his antecedents and his conduct in prison are relevant factors and antecedent would not mean facts preceding the commission of crime alone, but succeeding thereto till he is confined in jail. Therefore, while considering the applications of petitioners for release on licence, the Probation Board took into consideration the nature of crime and the manner of commission. On this basis, it concluded that offence committed was planned and result of conspiracy. The opinion of Probation Board has been approved by the State.

(3.) THE Probation Board holds meeting ordinarily once in every month to make necessary recommendations. Chair -person of the Probation Board is the Secretary to the Government in Home Department or any other officer empowered in this behalf by the Government. Term of office of non -official member is for three years unless the State Government terminates the appointment earlier. The Government on receipt of the recommendations of the Board, passes such orders as it may deem proper. By virtue of amendment of 1989, sub -clause (7) has been inserted in Rule 6 of the Probation Rules, 1964. It provides that a prisoner, whose application for release on licence has been rejected by the Government, may again make an application in Form -A to the Superintendent after a period of two years. Such application is considered accordance with the procedure prescribed under the Rules of 1964, meaning thereby, a prisoner can seek his release on licence after expiry f two years from the date his first application was rejected.