RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Art. 226/ 227 of the Constitution of India, by the petitioner, who is a life convict, challenging the order of the State Government, rejecting his application for release on licence under the provisions of the M.P. Prisoners Release on Probation Act, 1954 and the rules made thereunder.

(2.) The petitioner is a life convict. He had made an application for his release on licence under the provisions of the M.P. Prisoners Release on Probation Act 1954 and the Rules made thereunder. That application, on the recommendation of the Probation Board was rejected by the State Government on the ground that the release of the petitioner is likely to result in breach of peace which was challenged by the petitioner in Misc. Petition No. 4938/ 89. The said petition was disposed of by this Court by order dated 25-6-90 quashing the order of the State Government with the direction to reconsider the petitioner's case in the light of the observations made in the said order within the period of 4 months. In pursuance of the aforesaid order, the respondents considered the petitioner's case afresh and rejected the same again on the ground that the petitioner had not completed 14 years of imprisonment without remission in accordance with S. 433-A of the Code of Criminal Procedure. It is this order which has been challenged by the petitioner in petition.

(3.) Respondents have filed the return stating that the petitioner had undergone only 11 years of imprisonment including remissions and, therefore, in view of the provisions of S. 433-A of the Code of Criminal Procedure, he is not entitled to be released on licence. Reliance has been placed on the decision in the case of Ashok Kumar v. Union of India (1991) 3 SCC 498 : (1991 Cri. LJ 2483). We are afraid, the said decision does not advance the case of the respondents as their Lordships of the Supreme Court in the case of Ashok Kumar v. Union of India (1991 Cri LJ 2483) (supra) did not go into the question of application of S. 433-A of the Code of Criminal Procedure in the case of conditional premature release to the lifers. In this connection, it would be appropriate to reproduce the observations made in the said decision which run as follows (at p. 2496, para 16 of Cri LJ) :-