- (1.) R. D. Mathur, J. We have heard learned counsel for the petitioner and learned Government Advocate.
(2.) THE petitioner Lalloo has preferred this writ petition for his prema ture release under the provision of the U. P. Prisoners (Release on Probation) Act, 1938. It appears that the petitioner was convicted and sentenced under Sec tion 302/34, I. P. C. to imprisonment of life in Sessions Trial No. 77 of 1984 by the learned Sessions Judge, Hamirpur by his order dated 24-3-1986. It is mentioned in the writ petition that jail appeal of the petitioner was for warded by the Jail Authorities to this Court at Allahabad as per Jail History Ticket of the petitioner on 5-5-1986. It is further mentioned in the writ petition that the petitioner is otherwise qualified for being considered for premature release under the above Act but the same is not being considered on account of the fact that the petitioner's appeal is pending in the High Court at Allahabad. The petitioner has further alleged that because of the above fact he is also not being given the benefit of 15 days' home leave and parole. On an earlier occasion this Court had directed the Joint Registrar (Criminal Department), High Court, Allahabad, to send a report whether any appeal on be half of the petitioner is pending there (at Allahabad) or not. The Joint Registrar (Criminal Department), Allahabad has sent his report dated 22-2- 1999 stating that as per Zilewar Registrar (District-wise Registrar) as well as Jail Appeals Registrar no appeal has been filed on be half of petitioner Lalloo from 1986 to 1999. It is further stated in the report that Criminal Appeal No. 1360 of 1986 on be half of co-accused Radha Charan has been filed in this Court at Allahabad and the same it still pending.
(3.) IN view of the report of the Joint Registrar mentioned above, it is clear that no appeal of the petitioner is pending against the order of his conviction and sentence. That being of the petitioner's case for premature release can be con sidered. Accordingly we allow this writ petition and direct that the authorities concerned shall consider the case of the petitioner for his premature release ac cording to law and the authorities may supply Form-A to the petitioner and take early decision in the matter. A copy of this order be given to the petitioner s counsel on payment of usual charges as early as possible. Petition allowed .;