restricted by S.433A.
Rajasthan Prisons (Shortening of Sentences) Rules,
1950: Premature release of Prisoners-Whether subject to
overriding powers of Sections ... Later he filed a Writ Petition before the High Court for
premature release on the plea that he was entitled to be
considered for release
Chief Minister:
(I) The following committees are constituted for
examining the premature release of the life convict
prisoners, case to case basis, on the above ... released on
the period he was released on leave with police escort
leave on the promise of good
behaviour?
10 Is the premature release
Government of Gujarat declining to
grant the benefit of premature release to the first respondent herein is
illegal and further directed the State Government ... ensured.
5. The first respondent on 19.01.2004 sought premature release under
Section 432 of the Code of Criminal Procedure, 1973 ( CrPC ) on the ground
that
years of imprisonment
without remission and submitted an application for premature release to the
respondent under Rule 358 of the Chhattisgarh Prisons Rule ... Rule 358
provides thus:
“Rule 358 – Premature Release of Prisoners Sentenced to
Life Imprisonment
…….
2 ST No 16/2006
3 Criminal Appeal No. 933/2010
after 18.12.78, would be
considered by the State Government for premature release after
they have undergone 14 years of substantive sentence. There-
after, policies dated ... polices are reproduced hereinbelow before
the case of premature release can be considered. The two
polices in juxtaposition read as thus
commuted to life sentence--Conviction
prior to introduction Of section 433A--Premature release of
such life convicts-Consideration by State Government--Com-
pliance with Court ... release
in the light of the said policy decision with effect from
2nd November, 1971.
Thereafter, in January 1976 the question of releasing
prematurely life
challenging the orders
of the State Government rejecting their prayer for premature
release.
Four petitioners were convicted under Section 302 / 34 IPC@@
JJJ
and sentenced ... granted
premature release who was murdered in an encounter after the
release.
We may state here that jail authority recommended
premature release of the Writ
convicts who are undergoing a sentence of imprisonment for life seek premature
release.
4
2. On 1 August 2018, the Government of Uttar Pradesh issued ... policy governing
premature release of convicts with the approval of the Governor under Article 161
of the Constitution. The policy is described as a “Standing
Constitution of
India has been preferred inter alia seeking premature release
of the petitioner as he has already undergone over 30 years of
actual imprisonment ... sentence for a
sufficiently long period of time, he applied for premature
release. That representation was considered by the Advisory
Board held on 20th January
calling upon them to furnish details
regarding the petitioners’ entitlement to premature release. The
aforementioned order reads as follows:
“Limited notice be issued ... Uttar Pradesh to
know whether the petitioner is entitled for premature release from
the prison as per the Jail Manual”
7. Separate counteraffidavits have
