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1994 JLJ 795
(FULL BENCH)
U.L. Bhat, C. J., A.S. Tripthi and T.S. Doahia, JJ.
Ganga Charan v. State of M.P. and others M.P. No. 804 of 1991; decided on 13.7.1994.
There is no logic in restricting the sweep of the word "antecedents" to the period prior to the commission of crime. A person who commits a crime may be at large for a considerable period or he might have been in judicial custody for a considerable period. It may be that conviction takes place several years after the crime. Legislative intention c0uld not have been to ignore as irrelevant the conduct of the prisoner between the date of the crime and the date of his entry into prison. So also, the nature and circumstances of the crime cannot be irrelevant in deciding whether a prisoner is to be released on licence. Background, setting and modus operandi of crimes could be different. A crime can be carefully premeditated and executed or it can be committed on the spur of the moment. Misc. Cr. Case No. 47/88 overruled. [ Para 9
(2) Prisoners Release on Probation act, 1954 (M.P.) -- S. 2 – words ‘‘from his antecedents and his conduct in the prison" -- use of word" his‘ twice makes the intention of legislature clear -- "antecedents" are not restricted to any period -- due importance has been given to "conduct in prison‘‘.
The word "his" has been used twice, to qualify "antecedents" as well as "conduct in prison". The expression "his antecedents" by itself is capable of comprehending within its ambit "his conduct in prison" also since "antecedents" would mean "antecedent to the consideration by the State Government of the prisoner‘s request for release". The Legislature evidently desired to give due importance to "conduct in prison". That must be the reason why words "his conduct in prison" have been incorporated in the provision though even in the absence of such words, his conduct in prison being antecedent to the conviction, would be relevant. There is nothing in the scheme of the Act or the provision of section 2 of the Act to indicate that "antecedents" are restricted to any period. Misc. Cr. Case No. 47/88 overruled. [Para 10
(3) Words and Phrases -- word "antecedent" -- means "prior in point of time‘‘ Black‘s Law Dictionary, V Edn. p 84. [Para 7
(4) Words and Phrases -- word "antecedents" -- refers either to previous history or to the parents. of the offender and their conduct in his upbringing. Stroud‘s Judicial Dictionary IV Edn. Vol. I p. 144. [Para 7
(5) Words and Phrases -- word "antecedent" -- refers primarily to previous and past record.
The word "antecedent", occurring in the Probation of Offenders Act, is as wide as can he conceived. It is stated that the word refers primarily to previous history and past record. "Antecedents" without any word of limitation has a wide connotation so as to signify conduct for the entire preceding period, entire period preceding imprisonment.
The word "antecedents" and "conduct in. prison" have been used to indicate conduct at two different stages, namely, antecedents prior to imprisonment and conduct in prison. (1951) 1 All ER 231 relied on. [Para 7
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 till he entered the prison are not to be taken into consideration. The Division Bench which heard the present petitions doubted the correctness of the view taken in Chander Singh's case and referred the questions involved to a Larger Bench. Since the answers to the questions would necessarily lead to disposal of the writ petitions, we propose to deal with the questions and also dispose of the writ petitions.
3. The Act has been enacted to provide for the release on licence of certain prisoners on conditions imposed by the Government. An order for release on licence can be passed if it appears to the Government from his" antecedents and his conduct in the prison that he is likely to abstain from crime and lead a peaceable life, if he is released from prison" and subject to the stipulated conditions regarding supervision. Same edition of the Act contains the word "antecedent" instead of "antecedents". The official Hindi text refers to "SHASAN KG VSKE PURVA VRITTA AUR BANDT GRIHA MEN USKE ACHARAN SE". This would clearly indicate that "antecedents" is the word used in section 2. Section 3 provides that the licence is to be in force until the date on which the person released would, in the execution of the order of warrant authorising his imprisonment, have been discharged from prison but for his release or until the licence is revoked, whichever is earlier. According to section 4, the period of release on licence is to be reckoned as part of period of imprisonment for the purpose of computing the amount of remission of sentence which might be awarded to him under remission rules. Under section 6, Government has power to revoke the licence at any time [or reasons to be recorded in writing after giving opportunity to the person concerned to present his case before the District Magistrate. Section 7 renders punishable escape from supervision by the released absconder. Section 9 confers on the Government power to make rules consistent with the Act. Reformatory aspect of penalogy is the basis of the statute. The statute serves public interest and the interest of the prisoners and their families.
4. Rule 4 of the Rules deals with eligibility for release. Any prisoner other than one specified in Rule 3 who has served 'one third of his sentence of imprisonment or a total period of five years without remission, whichever is less, may be released by the Government on licence. Rule 6 deals with procedure. An application for release has to be made in Form A to the Superintendent. The Superintendent has to examine the application to see whether it is duly filled up and if it is in order, he shall entertain and register it. Ineligibility leads to rejection of the application. If he is found eligible, the Superintendent has to fill in the columns in the application meant to
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