Mata Prasad vs State of U. P. - 2022 Supreme(SC) 1326

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1326

SANJAY KISHAN KAUL, M. M. SUNDRESH
Mata Prasad – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
Mr. Mohd. Irshad Hanif, Advocate, Mr. Aarif Ali Khan, Advocate, Mr. Rizwan Ahmad, Advocate, Mr. Mujahid Ahmad, Advocate, For the Appellant / Mr. Ardhendhumauli Kumar Prasad, AAG, Mr. Rohit K. Singh, Advocate, Mr. Uday N. Tiwary, Advocate, Ms. Subhali Pathak, Advocate, For the Respondent.

ORDER

1. Admit.

2. The petitioner has taken recourse to Article 32 of the Constitution of India for a direction for consideration of his case for premature release from prison as per the policy dated 01.8.2018 and consequently to release the petitioner forthwith.

3. The petitioner along with his younger brother and father were tried for offences under Section 302/307/323/34 of the IPC and post-trial were convicted in sentence to maximum imprisonment for life with a judgment dated 30.9.2004 passed in Session Trial No.208 of 1999 arising from FIR No.380/1999 at P.S. Gosaiganj, Sultanpur. The petitioner aggrieved by the said judgment filed the appeal before the High Court of Judicature at Allahabad in Criminal Appeal No.2247/2004. 17 years hence the appeal is still pending adjudication.

4. The appellant on completion of 14 years of imprisonment claimed eligibility for release under the provisions of the U.P. Prisoners' Release on Probation Act, 1938 and submitted the duly filled Form-A but the same was rejected on 28.4.2017.

5. It is the case of the petitioner that the Governor of Uttar Pradesh exercising powers under Article 161 of the Constitution of India issued a G.O dated 01.8.2018, a

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