SHYAMLAL RAJAK Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed by the petitioner from jail.

(2.) ACCORDING to the petitioner, he was serving sentence of imprisonment for life and other concurrent sentences and on the date of Notification dated 26-1-78, he had been in jail for more than 14 years and, therefore, in view of the decision of this Court, reported in Mohansingh v. State of M. P. 1980 MPLJ 665 : 1981 Cri LJ 147, he is entitled to be released.

(3.) LEARNED Government Advocate appearing for the respondent State contends that this Notification, issued by the State Government. , was in exercise of powers Under Section 432 (1) of the Cr. P. Code and what it provided was that a person who has been in jail for 16 years would be entitled to be released and in case of scheduled castes and scheduled tribes prisoners, the period provided is 14 years, but in the decision referred to above, this Court held that the advantage given to the prisoners of scheduled castes and scheduled tribes, would be available to all other prisoners and, therefore, Under Section 432 (1) of the Cr. P. C. this exemption granted by the State Government amounts to this that if a prisoner has been in custody for more than 14 years, he is entitled to be released.