KHUMAN SINGH Vs. JAIL SUPERINTENDENT CENTRAL JAIL

JUDGEMENT

(1.) BY this petition filed under Article 226 of Constitution of India, the petitioner prays for his release on probation under the provisions of M. P. Prisoners' Release on Probation Act, 1954 read with M. P. Prisoners' Release on Probation Rules, 1964.

(2.) ALTHOUGH, concerned District Magistrate, Superintendent of Police and Jail Superintendent have recommended the case of petitioner for his release on probation in terms of Rules applicable, the Board by impugned order dated 2342-2002 (Annexure P-1) rejected the prayer of petitioner essentially or rather only on the ground that the nature in which the offence was committed by the petitioner does not entitle him to seek his release on probation. It is against this rejection, the petitioner is in writ.

(3.) HEARD Smt. Sonali Gupta, learned Counsel for the petitioner, Shri P. Verma, learned Government Advocate for respondent Nos. 1 and 2 and Shri P. R. Bhatnagar, learned Counsel for respondent No. 3.