S.R. Bannurmath, J.

This Court has received an unusual request from a female convict-Smt. Nagarathna, whose conviction and sentence of imprisonment for life along with other punishments, for the offences punishable under Sections 302, 120-B, 201 read with Section 34 of the Indian Penal Code, 1860, is pending consideration before this Court in this appeal.

2. The request of the convict/appellant is to permit her to withdraw the appeal unconditionally. Last week a similar request was made by another female Smt. Mamatha, who is appellant 2 (along with her husband appellant 1) in another independent Criminal Appeal No. 453 of 2008. In that case also, the convict/appellant had made a similar prayer to withdraw the appeal only so far as she is concerned.

3. Considering this prayer of Smt. Mamatha as strange especially the emphatic words in the application sent through the jail to the registry of this Court, that she is voluntarily seeking the withdrawal of her appeal and there is no pressure or force from anybody to do so, we directed the learned State Public Prosecutor to make enquiry in this regard with the jail authorities and the appellant/convict Smt. Mamatha. We were informed that, not only Smt. Mamatha, but also all other female life convicts have decided of making similar applications to this Court wherein their respective criminal appeals are pending consideration. Finding this unusual move, in order to satisfy ourselves as to what is going on, we directed the jail authorities to produce the convict Smt. Mamatha before this Court. On appearance and enquiry with her, it was noted that she is bent upon withdrawing the appeal without giving any reason. Though we made it clear to her that, the consequence of withdrawal of her appeal would be resulting in confirmation of her conviction and sentence of life imprisonment along with the other sentences and it may also likely to affect the appeal of her husband, who is a co-accused also, but she was practically not in a mood to listen to either her Advocate on record or to us and went on insisting that irrespective of the consequences, her appeal should be permitted to be withdrawn. Left with no alternative, we permitted her to withdraw the appeal, so far as her appeal was concerned.

4. Now similar request has been made by another female life convict in the present case. Suspecting the reason for such withdrawal, possibly as threat or some extraneous promises made to these female life convicts, we directed the learned State Public Prosecutor to make enquiry in the jails as to the possible reasons for such repeated requests of withdrawal of criminal appeals by the female life convicts and now we learnt that, the Government of Karnataka has framed rules called as Code of Criminal Procedure (Directions for Suspension of Sentences) Rules, 2007 (hereinafter referred to as the Rules 2007') and because of the Rules, the life convicts have been given an impression that, all male life convicts on completion of 7/14 years of imprisonment and all female convicts, who have completed 5 years of imprisonment, will be automatically released from the jail after the expiry of the said period of 14 years and 5 years respectively. We are informed that the life convicts especially who have challenged the judgment of conviction and sentence by way of appeals before this Court, have been informed by some NGO's and co-inmates that unless their appeals are withdrawn by them, their cases for remission under the Rules 2007 will not be considered. As such, the applications of present nature are being filed.

5. Incidentally it is also to be mentioned that on 13-1-2009 news report has appeared in almost all newspapers which is stated to be on the basis of statement of the Hon'ble Minister for prisons to the effect that the State Government is recommending release of as many as 375 life convicts including 12 female convicts across the State as a goodwill gesture on the occasion of the Republic day. In th