SHYAMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The three petitioners of this writ petition have been convicted u/ss. 304 (Part II) and 460 of the I.P.C. and sentenced to rigorous imprisonment of 5 years. At present, they are undergoing the imprisonment aforesaid.

(2.) By this writ petition, the petitioners have challenged the constitutional validity of R. 3 of the M.P. Prisoners' Release on Probation Rules 1964, (hereinafter referred to as the Rules), in so far as it provides that prisoners who have been convicted u/s. 460 of the I.P.C., shall not be released under the M.P. Prisoners' Release on Probation Act 1954 (hereinafter referred to as the Act).

(3.) It has been urged by learned Counsel for the petitioners that when prisoners who have been convicted even for a much serious offence u/s. 302 of the I.P.C. are entitled to be released under the Act, R. 3, in so far as it excludes prisoners convicted u/s. 460 I.P.C. for being released under the Act, is ultra vires on the ground of being discriminatory under Art. 14 of the Constitution. It has also been urged by learned counsel for the petitioners that the purpose of the Act is to provide an opportunity to the prisoners to reform themselves after being released from jail and if in order to achieve that purpose, a prisoner sentenced u/s. 302 of the I.P.C. could be released under the Act, there was no reason why a similar opportunity may not be given to a person who has been sentenced u/s. 460 of the I.P.C.