- (1.) This petition for writ is preferred to question correctness of the order dated 20.11.2017 passed on behalf of the State of Uttar Pradesh rejecting the claim of the petitioner for release by license on conditions as per provisions of United Provinces Prisoners Release on Probation Act, 1938 (hereinafter referred to as "Act, 1938").
(2.) Under the order impugned, the State denied release of the petitioner by license looking to the gravity of the offence that was committed by him and for which he is undergoing life term imprisonment.
(3.) In brief, factual matrix of the case is that the petitioner was convicted for the offence under Section 302/34, IPC by the Court of learned Additional Sessions Judge No. 1, Allahabad in Sessions Trial No. 936 of 2000 and was awarded life term imprisonment with a fine of Rs. 1,000/- with default stipulation. The petitioner has already served sentence for a period of 20 years 8 months 4 days including remission as on 20.06.2017. In actual, he has served sentence for a period of 16 years 3 months and 9 days as on 20.06.2017. He submitted an application to the Authority competent in the prescribed proforma to have release by license as per provisions of Act, 1938. After submission of the application, the competent Authority sought opinion from the Senior Jail Superintendent, Probation Board and the Superintendent of Police concerned. The Senior Jail Superintendent in quite unambiguous terms observed that the jail conduct of the petitioner is quite satisfactory and he deserves to be released by license as per provisions of Act, 1938. While opining so, the Senior Jail Superintendent also observed that earlier too the petitioner availed release by license and he reported to the state custody after availing the same successfully. A Probation Officer too submitted a report which was placed before the Probation Board and as per the Probation Board, the conduct of the petitioner is satisfactory and his release by license shall not cause any adverse effect to the family of the victim and any segment of the Society. Under the Act, 1938, a complete scheme is provided for release by license and for that several aspects, including post conviction conduct and the chances to come out criminal tendencies are other relevant factors which are to be taken into consideration.;