ORDER:

The present Writ Petition has been filed seeking to declare the action of respondents in not releasing the petitioner as per G.O.Ms.No.121, Home (Paroles & HRC) Department, dated 14.08.2022 even though her name is shown at serial No.82 in Annexure-I to the said G.O. in the list of special remission to life convicts, basing on Memo No.RC-2/74/2021, dated 14.08.2022 issued by 4th respondent, as illegal and arbitrary, and consequently direct respondents 4 and 5 to release the petitioner as per G.O.Ms.No.121, dated 14.08.2022 without taking into consideration of Memo No.Rc-

2/74/2021, dated 14.08.2022 issued by 4th respondent.

2. The petitioner and her husband were convicted of the offence punishable under Section 302 read with 34 IPC and sentenced to undergo rigorous imprisonment for life, vide judgment dated 19.09.2016 in Sessions Case No.398 of 2015 on the file of the III Additional District and Sessions Judge, Guntur. Against the said judgment, Criminal Appeal No.151 of 2017 was filed by them before this Court, and as per Order dated 27.04.2022 in I.A.No.1 of 2022 in the said Criminal Appeal, the petitioner was released on bail, pending the Criminal Appeal.

3. 1st respondent issued G.O.Ms.No.91, Home (Paroles & HRC) Department, dated 16.8.2021, whereby inter alia it is stated that cases of convicted women prisoners sentenced to imprisonment for life, including those governed by Section 433-A of the Code of Criminal Procedure, 1973 (Central At 2 of 1974) who have undergone an actual sentence of 3 years including the remand period and total sentence of 5 years including remission as on the date i.e. 15.08.2021, shall be considered for release, on special remission. G.O.Ms.No.121, Home (Paroles & HRC) Department, dated 14.08.2022 was issued by the Government showing name of the petitioner at serial No.82 in Annexure-I to the said G.O. in the list of special remission to life convicts. But, respondent No.5 has not considered the case of the petitioner for release pursuant to the said G.O., because of the Memo No.RC- 2/74/2021, dated 14.08.2022 issued by 4th respondent whereby it is stated that the prisoners who are not in prison and overstaying on parole/furlough unauthorizedly are not entitled to be released even if their names are found in the Annexure to G.O.Ms.No.121, dated 14.08.2022 Though the petitioner approached the authorities, including by way of representation dated 11.10.2022, her case is not being considered for release pursuant to the said G.O. Hence, the Writ Petition.

4. Respondent No.5 filed counter affidavit stating inter alia that the petitioner was already released on bail on 01.05.2022, pending the Criminal Appeal before this Court. Pursuant to G.O.Ms.No.91, Home (Paroles & HRC) Department, dated 16.8.2021, his office prepared list of eligible prisoners and submitted the same to Head Office on 20.08.2021, and at that time, the petitioner was confined in prison. But, by the date of issuance of G.O.Ms.No.121, Home (Paroles & HRC) Department, dated 14.08.2022, the petitioner was released on bail, pending the Criminal Appeal, granted by this Court, and as the petitioner is not in prison consequent upon granting of bail, his office is not in a position to release the petitioner as per G.O.Ms.No.121, dated 14.08.2022.

5. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for respondents. Perused the record.

6. The factual matrix is not in dispute. The petitioner was convicted of the offence punishable under Section 302 read with 34 IPC and sentenced to undergo rigorous imprisonment for life, vide judgment dated 19.09.2016 in Sessions Case No.398 of 2015 on the file of the III Additional District and Sessions Judge, Guntur. She preferred Criminal Appeal No.151 of 2017 before this Court against the conviction and sentence, and pending the Criminal Appeal, she was released on bail as per Order dated 27.04.2022 in I.A.No.1 of 2022. At the time of submission of list of