U.L.BHAT, A.S.TRIPATHI, T.S.DOABIA
Ganga Charan – Appellant
Versus
State of M. P. – Respondent
U.L. Bhat C.J. -- 1. The petitioners herein have been convicted for offences including the offence punishable under section 302, IPC arid sentenced to undergo imprisonment for life. They submitted applications through the Superintendent, Central Jail, Gwalior, praying for release on licence. under section 2 of the Madhya Pradesh Prisoners' Release on Probation Act, 1954, for short, the 'Act' and Rule 6 of the Madhya Pradesh Prisoners' Release on Probation Rules, 1964, for short, the 'Rules'. The State Government rejected the applications on consideration of the views of the Probation Board which acted on the recommendation of the District Magistrate -The respective orders of the State Government are under challenge in these cases.
2. In Misc. Criminal Case No. 47 of 1988 (State v. Chandersingh and another) of the Indore Bench of the High Court, the Court took the view that an application for release has to be disposed of on consideration of the applicants' antecedents only prior to the commission of the crime which led to the conviction and conduction the prison and that the nature and character of the crime and the conduct of the applicant after the commission of the crime til
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