BHAGWAT SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have been convicted, under Section 302, Indian Penal Code on two counts and have been sentenced to imprisonment for life on each count under Section 394 and 397, Indian Penal Code and sentenced to undergo R. I. for seven years and under Section 449, Indian Penal Code and sentenced to undergo R. I. for three years. Sentences have been directed to run concurrently. Having undergone seven years of sentence, they moved the State Government for release on licence under the provisions of the M. P. Act No. 15 of 1954 and the rules made thereunder. After intervention by this Court in three successive writ petitions, the State Government ultimately rejected the application on the ground that the petitioners are ineligible under Rule 3 (a) of the Rules of 1964. This order was unsuccessfully challenged in M. P. No. 1688 of 1993. They have now filed this writ petition challenging the vires of Rule 3 (a) of the Rules of 1964 and seeking consequential reliefs.

(2.) A Division Bench referred the case to a Full Bench on the ground that the law laid down in the previous writ petition requires reconsideration. Ordinarily we would not have entertained the present writ petition since the relief claimed by the petitioners against the rejection of their applications by the State Government was denied to them in the earlier writ petition. On that count, the petitioners have challenged vires of Rule 3 (a) of the Rules. Therefore, we are inclined to consider the writ petition on its merits. On a correct interpretation of Rule 3 of the Rules, we are satisfied that the petitioners have acquired eligibility under the Act and the Rules. It is, therefore, unnecessary to consider challenge against Rule 3 (a) of the Rules.

(3.) THE broad Scheme of the Act and the Rules is to provide for release on licence of prisoners undergoing sentence. Section 9 (4) of the Act empowers the Government to make rules consistent with the Act for defining the classes of offenders who may be conditionally released and the period of imprisonment after which they may be so released. Rule 4 of the Rules states that a prisoner who has served one third of his sentence of imprisonment or a total period of five years without remissions, whichever is less, may be released by the Government on licence. Rule 3 prescribes the classes of prisoners who shall not be released under the Act. Rule 3 (a) of the Rules reads as under :