Sita Ram vs State of U.P.and Others

The petitioner is life convict having been sentenced under Section 302, IPC on 221981 in S.T No. 27 of 1980 by Sessions Judge, Faizabad. By 2381997 the petitioner had undergone 17 years, 4 months, and 23 days of imprisonment without remission and 22 years, 9 months and 7 days with remission. The petitioner had applied for his premature release under the provisions of the U.P. Prisoners Release on Probation Act, known as FormA. The State Government by means of its order dated 971991 has rejected the release of the petitioner for his pre mature release against which this writ petition has been preferred. The learned Counsel for the petitioner states that he does not press this petition so far as relief for release of the petitioner on nominal roll under Para 198 of the Jail Manual is concerned.

Alongwith counteraffidavit entire FormA with reports of different officers has been annexed which shows that the Probationary Officer as well as District Magistrate had not recommended the premature release of the petitioner on the ground that his proposed guardian who is his wife is a lady or unsound mind. They have also stated that the petitioner''s house has been sold by his father and he has no land or immovable property. The State Government on the basis of report of Probationary Board also rejected the prayer of the petitioner for his premature release but without assigning any reasons whatsoever. This is not correct because the Probationary Board is expected to give reasons as to why it did not consider it fit to release the petitioner. In view of this, the matter has to be sent back to the State Government for reconsideration of the matter after remitting it to the Probationary Board which shall be required to submit its opinion with reasons. If the wife of the petitioner is not a suitable guardian on the ground that she is a lady of unsound mind, the question whether the Probationary Officer can act as guardian should also be considered. In any case the petitioner should be given an opportunity to nominate another guardian.

In view of the above, the writ petition is allowed. The order of the State Govt. dt. 971991 rejecting the petitioner''s FormA is hereby quashed and the same is sent back to the State Govt. for fresh consideration of petitioner''s release on the basis of FormA, This shall be done after obtaining the opinion of the Probationary Board which shall be bound to give its reasons in writing for its opinion. The petitioner shall, also be entitled to nominate another guardian for which he shall move a separate application before the jail authorities which shall also be considered by the Probationary Board after obtaining opinion from the concerned authorities. The State Government shall also take final decision in the matter within a period of four months from the date a certified copy of this order is produced before it. Let a copy of this order be given to learned Counsel for petitioner as well as to learned A.G.A. free of costs

within a week. Petition allowed.