RAJENDRA SAXENA,J. - (1.) A reply has been filed on behalf of the non - petitioners.
(2.) HEARD . Perused the relevant record. The petitioner -Patram was convicted by the learned Additional Sessions Judge, Gangapur City, by his Judgment dated 6.2.76 passed in Sessions Case No. 158/74 for the offence Under Section 302/149 IPC and sentenced to life imprisonment and a fine of Rs. 100/ -, in default of payment of fine further undergo R.I. for one month. He was also convicted for the offences Under Sections 147/307 and 323 IPC and sentenced to R.I. for 1 1/2 years, 3 years and six months respectively. Initially he was undergoing sentence in Central Jail, Jaipur, but since he hailed from District -Murena, at his own request he was transferred to Central Jail, Gwalior. As per reply filed by the non -petitioners; as on 30.9.96 the petitioner had already suffered sentence for a period of 11 years, 8 months and 14 days. He had also earned remission of 4 years 5 months and 19 days. Thus on 30.9.96, he had already undergone sentence for a total period of 14 years 9 months and 28 days. The petitioner's case for premature release was considered by the Madhya Pradesh Government but keeping in view the Madhya Pradesh Prisoners (Shortening of Sentence) Rules his request for premature release was rejected by the Govt. of Madhya Pradesh vide their Order dated 1.3.96 Annexure -R/1.
(3.) ADMITTEDLY the offence was committed in Rajasthan. The petitioner was also tried, convicted and sentenced by the learned Additional Sessions Judge, Gangapur City. Therefore for the purpose of his shortening of sentence and premature release, the provisions of Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 shall apply. As per reply filed by the non -petitioners, the relevant record for considering his case for shortening of sentence and premature release has already been called from Central Jail, Gwalior and the reports of the concerned District Magistrate and Superintendent of Police will also be called and his case will be placed before the Advisory Board in the next meeting.;