SOBARAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is a life convict as per judgment dated 1/10/1994 in Sessions Trial No. 42/90 rendered by the learned Sessions Judge, Datia (M.P.) in a case of double murder which took place on 19/9/1989. This conviction was confirmed by the Division Bench of this Court by dismissal of Cr.A.No.210/94 by judgment dated 9/3/2004.

(2.) The petitioner is before this court making his grievance that co-convicted person namely, Mahendra who had also suffered similar conviction and sentence in the same offence has since been extended benefit of remission by the State Government by order dated 16/12/2008 and has been released on 26/1/2009 vide P/4. However, the claim of the petitioner has been rejected by Annexure- P/1 dated 21/12/2017 on the ground that at the time when the said co-convicted person was released under the then prevailing policy of remission, petitioner was denied release for not having completed 14 years custody under the new policy of remission which came into effect from 10/1/2012 P/6 prescribing additional pre-condition of custody of 20 years for becoming eligible for remission.

(3.) It is pertinent to point out that the said pre-requisite of completion of 20 years of custody was not part of earlier policy dated 16/12/2008 under which said co-convicted Mahendra was extended benefit of remission to be released on completing period of 14 years of incarceration.