Dharmadhikari, J. - (1.) This appeal has been preferred by the State of Madhya Pradesh against judgment dated 16-1-2001 of the High Court of Madhya Pradesh in Writ Petition (Crl) No. 3603 of 1999. By placing reliance on two Judges Bench decision of this Court in State of U. P. vs. Sadhu Saran Shukla (1994) 2 SCC 445 the High Court has held that Rule 3(a) of the Madhya Pradesh Prisoners Release on Probation Rules, 1964 is ultra vires Section 2 of Madhya Pradesh Prisoners Release on Probation Act, 1954 (hereinafter referred to as the Rules and the Act respectively).
(2.) The two-Judges bench of this Court in the case Sadhu Saran (supra) declared similar Rule 3(a) of U.P. Prisoners Release on Probation Rules as ultra vires Section 9 and Section 2 of the U.P. Prisoners Release on Probation Act, 1938 (hereinafter shortly referred to as the U.P. Rules and the U.P. Act respectively).
(3.) This appeal was listed before a two-Judges Bench of this Court on 21-8-2002 and it had referred this case to a larger bench stating that two Judges-Bench of this Court in the case of Sadhu Saran (supra) needs reconsideration.;