GAFFAR KHAN Vs. STATE OF MP

JUDGEMENT

(1.) This appeal has been filed against the order dated 11-11-2011 passed by the learned Single Judge of this Court in Writ Petition No. 2135/2011 (Cri.). Respondent No. 6, Ahmed Saeed, was tried and convicted vide judgment dated 13-4-2010 delivered in Sessions Trial No. 15 of 2004 and sentenced to life imprisonment. The charge against respondent No. 6, Ahmed Saeed, was that he had killed three persons, i.e., Abdul Aziz, Fida Mohammad and Rabiya Bi and also injured number of persons, namely, Rubina Bi, Ajra Bi, Khalil, Chhammu Khan, Anwar Khan, Jameel Ahmed, Mohammad Ishad and Jayra Bi. Against his conviction and sentence respondent No. 6, Ahmed Saeed filed an appeal before this Court, which is pending adjudication. The complainant also filed another appeal for enhancement of sentence on the ground that the act of respondent No. 6, Ahmed Saeed amounts to heinous offence and the case falls within the definition of 'rarest of rare case', hence, a death sentence be awarded to respondent No. 6, Ahmed Saeed. That appeal is also pending adjudication.

(2.) The Jail Department, Government of Madhya Pradesh issued a notification dated 22nd January, 2011, copy of which was filed as Annexure P-3 before the Writ Court, in regard to grant of suspension and remission of sentence to the prisoners in exercise of powers conferred by sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973. Condition No. (8) of the aforesaid notification is relevant, which prescribes release of prisoners for a period of one year, who is aged 62 years or more. The relevant condition is as under:--

(3.) The appellant challenged the order of release of respondent No. 6, Ahmed Saeed, before the Writ Court on the ground that respondent No. 6 did not complete 62 years of age, hence, he was not eligible for the aforesaid benefit.