State of M. P. vs Shyamlal - 2025 Supreme(MP) 168

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 168

VIVEK RUSIA, GAJENDRA SINGH
State of M. P. – Appellant
Versus
Shyamlal – Respondent

Advocates:
Sudeep Bhargava, Deputy Government Advocate for appellants/State; Navendu Joshi for respondent No. 1.

JUDGMENT

Rusia, J:-

1. The State of Madhya Pradesh and others have filed this writ appeal under Section 2(1) of the Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 11.12.2024 passed by the Writ Court in W.P.No. 17580/2024 (Annexure A/1) whereby the writ petition has been allowed.

Facts of the case are as under :

2. The writ petitioner (respondent herein) was convicted under section 302 and 120 B of the Indian Penal Code vide judgment dated 18.11.1985 passed by the 10th Additional Sessions Judge, Indore in S.T.No. 131/1985 and sentenced to undergo life imprisonment. The petitioner was released on parole but he did not surrender and remained absconding for about 16 years. He was again arrested on 11.7.2015. He was against tried and prosecuted under section 31(D) of the Prisoners Act, 1900 (hereinafter referred to as the 'Act of 1900') in criminal case No. 50168/2006 wherein he was sentenced to undergo RI for six months. In view of the subsequent conviction by virtue of provisions of rule 701 of the M.P. Jail Manual, his remission was cancelled. Being aggrieved, petitioner preferred an appeal which has been rejected by the appellate autho