GYANRAO ALIAS GYANU Vs. SUPERINTENDENT CENTRAL JAIL BHOPAL

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner who is a life convict has challenged the order of the State Government rejecting his application for his release on licence on the recommendation of the Probation Board dated 16-5-1986 and has prayed for his release on bail.

(2.) The petitioner is a life convict. He applied for his release on licence under the provisions of section 2 of the M.P. Prisoner's Release on Probation Act, 1954 (hereinafter referred to as Tthe ActT) read with Rule 4 of the M.P. Prisoners Release on Probation Rules, 1964, (hereinafter referred to as Tthe RulesT). The said application, on the recommendations of the Probation Board dated 16th May, 1986 was rejected by the State Government by order dated 2nd July, 1986 (Annexure R. 1). The petitioner has challenged the order on the ground that though the petitioners conduct and his antecedents in the prison have been good and he has been recommended by the Jail authorities for his release yet his application was rejected on flimsy grounds contrary to the provisions of law. The petitioner, therefore, seeks quashing of the said order with a prayer for direction for his release.

(3.) The respondents have contested the petition by stating that the petitioners application for his release on licence has been rejected because the District Magistrate had opposed the same on the ground that the petitioners guardian was unfit to act as guardian and the petitioner was involved in a number of cases under sections 107/116 of the Code of Criminal Procedure in 1977 and 1979 and if he is released there was likelihood of breach of peace in the village as the petitioner is likely to involve himself in those cases in future also. After perusal of the record and relevant provisions of law, we arc unable to persuade ourselves to accept these reasons as valid grounds for rejection of his application.