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VIVEK RUSIA, GAJENDRA SINGH
State of M. P. – Appellant
Versus
Lachu @ Laxmi Narayan – Respondent
ORDER
Rusia, J:-
1. The State of Madhya Pradesh and others have filed this writ appeal under section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 against the order dated 21.1.2025 passed in W.P. No.1716/2024 by the Single Bench in favour of the respondent/writ petitioner.
2. The details of the case are already mentioned in the impugned order of the Writ Court, but for the sake of convenience, they are reproduced in nutshell.
2.1 The respondent/ writ petitioner was sentenced with L.I. for the offence under section 302 of the Indian Penal Code vide judgment dated 13.1.1997 passed by the learned 13th Additional Sessions Judge, Indore.
2.2 The respondent/ writ petitioner preferred an application for release on probation under section 2 of the M.P. Prisoner’s Release on Probation Act, 1954 (in short “Act of 1954”). Vide order dated 12.2.2021, the application was rejected by the competent authority.
2.3 The respondent challenged the rejection by way of W.P. No.1523/2001 and vide order dated 17.4.2002 the writ petition was allowed by directing the State to release the writ petitioner on probation within a period of 1 month.
2.4. In compliance with the order p
The court established that the nature of the crime must be weighed against the convict's conduct and rehabilitation potential when considering premature release.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
The court established that a prisoner cannot be denied benefits based on past punishments for offenses already served, as it violates the principle of double jeopardy.
Premature release of life convicts requires completion of 20 years of imprisonment and consideration of law and order implications, as per relevant government guidelines.
Premature release for life convicts can be granted based on age and time served but must consider Probation Officer's recommendations and eligibility criteria.
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