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Madhya Pradesh High Court

Manohar @ Munna vs Jail Department on 8 May, 2018

     HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
                      W.P.No.5651/2016
              Manohar Verma vs. I.G.Bhopal & ors.
Indore
08.05.2018

       Shri Rajesh Chaurasiya, learned Counsel for the petitioner.
       Shri K.Pathak, learned GA for the respondent/State.

The petitioner has filed the present petition seeking direction to the respondents to release him on probation as he has undergone 14 years and 6 months imprisonment.

By judgment dt. 8.12.2003, the petitioner was convicted under Section 302/34 of IPC and sentenced to life imprisonment. The aforesaid judgment is affirmed by the High Court as the Criminal Appeal No. 26/2004 has been dismissed vide judgment dt. 20.9.2012. At present the petitioner is in Central Jail Indore. The petitioner has filed the present petition on the ground that he is not having any criminal antecedents and he has never misused the parole and after including remission period, he has completed 20 years of imprisonment hence, entitled for the benefit of the Act M.P. Prisoners Release on Probation Act, 1954.

The petitioner has alleged that respondent No.2 is not permitting him to fill the form under the said Act for the benefit of release on probation.

The respondents have filed the return by submitting that the petitioner was granted the benefit of parole and he remained absconding during that parole period therefore, a Criminal Case No. 35357/2008 was registered against him and vide judgment dt. 10.1.2011 he was convicted and sentenced for a period already undergone therefore, he is not fulfilling the condition as mentioned in Rule 3 of M.P. Prisoner's Leave Rules, 1989.

I have heard the learned Counsel for the parties. Rule 3(f) of M.P. Prisoners Release on Probation Rules,1964 describes the classes of prisoners who are not entitled for release and as per Clause (f) those who have been convicted under Prisoner's Act, 1900, are not entitled for the release.

Rule 3 is reproduced below:-

fu;e 3- lEeksfpr u fd;s tkus okys cfUn;ksa ds oxZ (Classes of prisoners not to be released) & vf/kfu;e ds v/khu fuEufyf[kr oxksZ ds cUnh lEeksfpr ugha fd;s tk;saxs %& ¼d½ os tks e/;Hkkjr vokjk] vH;Lr vijk/kh ,oa vijk/k'khy O;fDr ¼vk;a=.k rFkk oklu½ fo/kku] 1952 ;k mDr fo/kku ds vuq:i jkT; ds fdlh {ks= esa izo`Rr fdlh fof/k ds ;k foLQksVd inkFkZ vf/kfu;e] lu~ 1908 ds] ;k Hkkjrh; n.M lafgrk ds fuEufyf[kr v/;k;ksa ;k /kkjkvksa ds v/khu vijk/kksa ds fy, fl)nks"k Bgjk;s x;s gksa ^^v/;k; ikWp&d] N% rFkk lkr vkSj /kkjk 216&d] 224 rFkk 225 ¼;fn og tsy ls Hkkx tkus dk ekeyk gks½] 231] 232] 303] 311] 328] 364] 376] 382] 386 ls 389 rd] 392 ls 402 rd] 413] 459] 460] vkSj 489&d**A ¼[k½ os tks vf/kfu;e dh /kkjk 7 ds v/khu fl)nks"k Bgjk;s x;s gksa ;k tks /kkjk 8 dh mi/kkjk ¼3½ ds v/khu vlekIr n.M Hkqxr jgs gksa ;k vuqKfIr] vuqKfIr dh 'krksZa ds Hkax ds dkj.k iwoZ esa izfrlagr dh tk pqdh gks( ¼x½ ¼^ ^ ^ ^ ^ ^ ^ ½ ¼?k½ os tks lSU; U;k;ky; }kjk fl)nks"k Bgjk;s x;s gks( ¼M½ os ftuds vkosnu&i= cUnh vf/kfu;e] lu 1900] dh /kkjk 31&d ;k rn~/khu fu;eksa ds v/khu vLFkk;h lEekspu ds fy, vLohd`r dj fn, x, gks( ¼p½ os] tks cUnh vf/kfu;e] 1900] dh /kkjk 31&d ds v/khu fu;eksa ds Hkax ds fy, vfHk;ksftr fd, x, gksa rFkk fl) nks"k Bgjk;s x;s gksaA Since the petitioner has misused the liberty of parole and he was convicted therefore, he himself dis-entitled him for the benefit of release on probation. No relief can be granted in this petition.

The petition is, accordingly, dismissed.

(Vivek Rusia) Judge M.Jilla.

Date: 2018.05.11 10:38:21 +05'30'