- (1.) By means of this appeal, the appellant has challenged the decision of the High Court of Madhya Pradesh, dated 30.10.2012 passed in WA No. 915/2011, whereby the High Court has rejected the plea of the appellant to be released on probation in terms of the M.P. Prisoners' Release on Probation Rules, 1964 (for short, "the Rules"), as they stood prior to their amendment on 24.03.2008.
(2.) The appellant along with others was convicted by the Trial Court for having committed various offences, including, an offence punishable under Section 302, IPC and sentenced to undergo life imprisonment. On appeal being filed by 11 convicted persons, two persons were acquitted by the High Court and the conviction of the appellant and 8 others was upheld. The case of the appellant is that he applied for grant of probation under the Rules, as they stood prior to the amendment. At the relevant time, the relevant Rule read as under: "4. Eligibility for release: Save the prisoners specified in Rule 3 any other prisoner who has served one-third of his sentence of imprisonment or a total period of five years [without remission], whichever is less, may be released by the Government on licence [:]"
(3.) This Rule provided that any person who had served one-third of his sentence or a total period of 5 years without remission, whichever, is less may be released by the Government on licence.;