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SANJAY YADAV, VIVEK AGARWAL
State of M. P. – Appellant
Versus
Sobran Singh @ Siromani Singh – Respondent
JUDGMENT
Yadav, J. -- 1. This appeal under section 2(1) of Madhya Pradesh Uchcha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 5.3.2019 passed in Writ Petition No. 5038/2018.
2. In Writ Petition, the respondent, a life convict, as per judgment dated 1.10.1994 in Sessions Trial No. 42/1990 for causing dual murder, raised grievance against the discriminatory act of the State Government in extending the benefit of remission to co-convict Mahendra Singh by order dated 16.12.2008; whereas, the application by the petitioner was rejected on 21.12.2017. Evidently, the main reason for not releasing the respondent was the change of policy. It was stated that at the time when co-accused was released on 26.1.2009 by order dated 16.12.2008, the policy in vogue contemplated 14 years actual custody. And the co-convict having undergone the said period was released. Whereas, the respondent, having not completed 14 years’ actual custody in 2008, was declined the remission as he was found to be on bail during trial. The respondent questioned the rejection of his application on the anvil of the decision in “State of Haryana and others v. Jagdish [(2010)4 SCC
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