STATE OF M.P. Vs. SHYAMLAL

JUDGEMENT

(1.) The State of Madhya Pradesh and others have filed this writ appeal under Sec. 2(1) of the Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dtd. 11/12/2024 passed by the Writ Court in W.P.No. 17580/2024 (Annexure A/1) whereby the writ petition has been allowed.

(2.) The writ petitioner (respondent herein) was convicted under Sec. 302 and 120 B of the Indian Penal Code vide judgment dtd. 18/11/1985 passed by the 10th Additional Sessions Judge, Indore in S.T.No. 131/1985 and sentenced to undergo life imprisonment. The petitioner was released on parole but he did not surrender and remained absconding for about 16 years. He was again arrested on 11/7/2015. He was against tried and prosecuted under Sec. 31(D) of the Prisoners Act, 1900 (hereinafter referred to as the 'Act of 1900') in criminal case No. 50168/2006 wherein he was sentenced to undergo RI for six months. In view of the subsequent conviction by virtue of provisions of Rule 701 of the M.P.Jail Manual, his remission was cancelled. Being aggrieved, petitioner preferred an appeal which has been rejected by the appellate authority vide order dtd. 19/12/2023. Hence, the petitioner filed writ petition No. 17580/2024 before this Court.

(3.) The respondent/State therein filed a reply. The Writ Court after considering the provisions of Sec. 31(D) of the Act of 1900 and Rule 701 of the M.P. Jail Manual has held that the remission has wrongly been cancelled by virtue of conviction under Sec. 31(D) of the Act of 1900 as the said Sec. is not included in it. Hence, this writ appeal before this Court.