GURUDAYAL Vs. STATE OF M. P.

JUDGEMENT

(1.) PETITIONERS are threesome, all lifers, against whom conviction under Section 302/149/396, IPC, was entered on 2 -1 -1979. While serving their sentences in Central Jail, Gwalior, they applied to the Jail authorities for taking steps for their "premature release" under Rules 358/359 of M. P. Jail Manual, Vol. I. They have come to this Court on being told that they did not have the requisite entitlement under the law which position is further clarified in the Return filed. Reliance is placed in the Return on Section 433 -A of the Code of Criminal Procedure and also on the Constitution Bench decision in Maru Ram's case, AIR 1980 SC 2147 to rebutt the petitioners' complaint.

(2.) SECTION 433 -A, Cr. P. C. came on the Statute Book on 18 -12 -1978, and is as follows:

(3.) HOWEVER , the position in so far as it concerned convictions entered prior to 18 -12 -1978 was also considered in the other context and put beyond doubt by their Lordships, holding categorically that section 433 -A would not operate in those cases and the convicts undergoing the sentence would be "entitled to consideration by Government for release on the strength of earned remissions although a release can take place only if Government makes an order to that effect" Because Statutes enacted in several States contemplating "parole or release within 14 years' span" were not evidently offensive to the prohibition contemplated under Section 433 -A under which an embargo was put on a lifer being set at liberty and restored his full freedom before completion of 14 years' confinement, cases of "remission" prohibited by section 433 A which had their roots in sections 432 and 433 were considered separately.