LAOUA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in this writ petition is assailing the order (P-l) passed by the state Govt. on recommendation of Probation Board refusing to release petitioner on licence.

(2.) THE State Govt. has passed the order on the basis of the recommendations made by the State Probation Board. In the impugned order, consideration has been made of all relevant consideration. Petitioner was armed with gun in the offence in question and had used it owing to which ramratan died and two others Premabai and Santosh suffered injuries. Petitioner, who is a life convict, has undergone only 7 years of the actual sentence and during this period his conduct in the jail has also been taken into consideration. Petitioner was found involved in an incident of beating, abusing, co-prisoners and incited other prisoners against the jail administration. Not only this, the complainant and the family members of the deceased have opposed the release of the petitioner on probation and pointed out that the petitioner has threatened them with life. The nature of offence, conduct in jail and antecedents etc. of the petitioner have been duly taken into consideration while rejecting the case.

(3.) COUNSEL for petitioner has placed reliance on a decision of Full bench of this Court in Ganga Charan Vs. State of M. P. and others, 1994 JLJ 795. Para 5 is quoted below:-