SIYARAM Vs. STATE OF MP

JUDGEMENT

(1.) The petitioners have filed this petition being aggrieved by the orders dated 18.1.2008 and 7.3.2008 by which their applications seeking release on probation under the provisions of M.P. Prisoners Release on Probation Act, 1954 (for brevity "the Act") and the M.P. Prisoners Release on Probation Rules, 1964 (for brevity "the Rules") have been rejected.

(2.) It is submitted by the learned counsel for the petitioners relying upon several unreported judgments that the authority is required to look into each and every factum specifically antecedents and conduct of the prisoners in the prison and thereafter take a decision but in the instant case the authority has rejected the application for release on probation solely on the ground that the manner in which the petitioners have committed the offence was extremely brutal and heinous which is impermissible. It is also submitted that the impugned order passed by the respondent suffers from non-application of mind, therefore, deserves to be quashed.

(3.) Per contra, learned Government Advocate appearing for the respondent/State submits that the authority under the Act and Rules has considered the application filed by the petitioners and taking into consideration the brutal and heinous manner in which the offence was committed, has rejected the applications of the petitioners for release on probation relying upon the judgment of Supreme Court rendered in the case of State ofM.P. v. Kusum, 2007 (3) JLJ 272=(2007) 10 SCC 799.