The petitioner's application for release on probation under the M.P. Prisoners Release on Probation Rules, 1964 was rejected on 1/2-8-90 on the ground that on the date of making the application i.e., 14.5.1988, the prisoner had not served out five years out of the sentence of imprisonment. Clearly, the probation Board was mistaken inasmuch as under rule 4 of the Probation Rules, the period of five years should have been calculated upto the date of consideration and not up to the date of the application. In other words, if the period of five years was not completed on the date of the application but was completed on the date on which the application came up for consideration, then it cannot be said that the prayer for release on probation was premature.

For the foregoing reasons, the petition is allowed. The order dated 1/2-8-90 (Annex. R/1) in so far as it rejects the petitioner's application for release on probation is set aside. The application shall be deemed to be pending which shall be disposed of within a period of three months from the date of communication of this order. Disposed of accordingly.