Point of law : Conduct of the petitioner remained good during his imprisonment in jail and nothing adverse has been recorded in their reports.

JUDGMENT :

Saroj Yadav, J.

1. Heard Shri Purnendu Chakravarty, learned counsel for the petitioner and Shri S.P. Singh, learned A.G.A. for the State-respondents and perused the material available on record.

2. The present writ petition has been filed by the petitioner-Zubair with the prayer to issue a writ, order or direction in the nature of certiorari to quash the order dated 30.06.2021 passed by the Joint Secretary, Government of Uttar Pradesh whereby the 'Form A' of the petitioner for grant of remission of his consequent release has been rejected, with a further prayer to release the petitioner forthwith in the light of recommendations made by the District Magistrate, Muzaffar Nagar, Senior Superintendent of Police, Muzaffar Nagar and Senior Superintendent, District Jail Haridwar on remission and pre-mature release.

3. Learned counsel for the petitioner submitted that 'Form A' of the petitioner, who is aged about 72 years, for grant of remission of his consequent release has been rejected by the State Government vide its order dated 30.06.2021 without application of mind. He further submitted that the petitioner has already undergone sentence for more than 23 years with remission and more than 17 years without remission as per the calculation shown in the report sent by the Jail Authorities, Haridwar. He further submitted that plea of remission taken by the petitioner was rejected on the unreasonable grounds of nature and gravity of the offence committed, whereas the similarly situated co-convicts of the case were released by granting remission on the grounds of old age and good conduct. He further submitted that on the similar ground, petitioner had earlier filed a writ petition i.e. Misc. Bench No. 18216 of 2019 before this Court wherein this Court vide its order dated 21.01.2021 quashed the orders dated 13.01.2016 and 05.04.2018 passed by the State Government and disposed of the writ petition with a direction to the State Government to reconsider the case of the petitioner under the provisions of Section 2 of the Uttar Pradesh Prisoner's Release on Probation Act, 1938. Previous Form 'A' of the petitioner was rejected by the order dated 13.01.2016 passed by the Deputy Secretary, Government of Uttar Pradesh vide Government Order No. 181/2015/887/22-2-2015-17(204)/2012, wherein it had been mentioned that the plea was rejected on the grounds that the petitioner had jumped furlough when he was given home leave and that he remained absent for a period of 6 years 08 months and 27 days. However, the Deputy Secretary, Government of Uttar Pradesh, failed to take into consideration the fact that for this act of misconduct, the petitioner has already received the punishment of forfeiture of his total earned remission of 1087 days and with respect to such punishment, a certificate was issued on 17.02.2019, by the Jailer, District Jail, Haridwar. He further submitted that opposite party no. 1 failed to consider the recommendations made in the reports submitted by Senior Superintendent, District Jail, Haridwar, Senior Superintendent of Police, Muzaffar Nagar and District Magistrate, Muzaffar Nagar. He further submitted that respondent Authority committed a grave error in not appreciating that in terms of Rule 3 of the U.P. Prisoner's Release on Probation Rules, 1938, a prisoner may be eligible for consideration for release by the State Government if he has served imprisonment for a total period of fourteen years. Since the petitioner has already undergone a sentence of quite a long period, he deserves to be released forthwith.

4. On the contrary, learned A.G.A. appearing on behalf of the State has opposed the contention made by the learned counsel for the petitioner and stated that the Probation Board in its meeting dated 19.05.2021 had considered the case of the petitioner and given a finding that the petitioner was involved in murder of three persons and when he was detained in "Sampurnand Shivir Sitarganj Jail", he jumped from his home l