judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Jabalpur quashing the Circular dated 3.8.2005 issued by the State.

3.Background facts in a nutshell are as follows :

“Respondent is convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and was sentenced to rigorous imprisonment for life. She filed an application for release under the Madhya Pradesh Prisoners’ Release on Probation Act, 1954 (in short the ‘Act’) and the rules framed thereunder. On 3.8.2005 a Circular was issued by the Inspector General of Prisons that persons whose appeals are pending before the Appellate Court are not entitled to be considered for the purpose of release on probation. The Circular was purportedly issued on the basis of the decision rendered by a Division Bench of the Madhya Pradesh High Court, Gwalior Bench in Writ Petition No.941 of 2004 dated 14.10.2004.

Respondent’s prayer was rejected by the Probation Board on 8.8.2005. The State Government formally approved the rejection by rejecting the prayer for release by order dated 29.10.2005. A writ petition w