PRADEEP DANTRE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD. Appellant has filed this writ appeal against the order dated 20-3-2010 passed by learned Single Judge of this Court in Writ Petition No. 1620/2009.

(2.) THE appellant was convicted and awarded a sentence of life imprisonment under Section 302, IPC in Sessions Trial No. 33/83, vide judgment dated 7-3-1984 passed by the Sessions Judge, Datia. Against the aforesaid judgment the appellant preferred a criminal appeal along with co-accused, Santosh, which was dismissed vide judgment dated 30-11-1999 passed in Criminal Appeal No. 100/84. THEreafter, a Special Leave Petition was filed. That has also been dismissed by the Hon'ble Supreme Court.

(3.) LEARNED Counsel for the appellant has submitted that the learned Single Judge has committed an error of law in rejecting the petition of the appellant for release on probation. LEARNED Counsel further submitted that the learned Single Judge has not considered the fact that on irrelevant considerations the State Government has rejected the application of the appellant, hence, the order passed by the learned Single Judge is against the law and the provisions of the Rules of 1964 as well as the provisions of M.P. Prisoner's Release on Probation Act, 1954, herein after referred to as the 'Act of 1954'.