ARVIND YADAV versus RAMESH KUMAR AND ORS.

Convicts have no indefensible right to be released on licence except on recommendation of Probation Board and approval of State Government. The High Court erred in directing release without examining individual facts and without remanding the matter for fresh consideration. Appropriate course is remand for reconsideration.

Parties: Appellant: Arvind Yadav; Respondent: Ramesh Kumar; Respondent: State of Madhya Pradesh
Jurisdiction: India
Judgment Date: 28 April 2003
Procedural Posture: Criminal Appeal / Appeal From Division Bench Judgment of Madhya Pradesh High Court
Outcome: Appeals allowed; High Court judgment set aside; matter remanded for fresh consideration
Legal Topics: Release on Probation, Penal Code Offences, Remand for Consideration

Criminal Law Prison Law Release on Probation Penal Code Offences Remand for Consideration

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Arvind Yadav

Appellant

Ramesh Kumar

Respondent

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal From Division Bench Judgment of Madhya Pradesh High Court

Legal Issues

1 Whether convicts have an indefensible right to release on licence under Madhya Pradesh Prisoners Release on Probation Act, 1954
2 Whether Division Bench of High Court erred in directing release without examining individual facts
3 Should appropriate remedy be remand for fresh consideration when Probation Board and State Government reject release

Ratio Decidendi

Court Disposition

Appeals allowed; High Court judgment set aside; matter remanded for fresh consideration

Orders

Convicts released pursuant to High Court judgment directed to surrender forthwith
State Government to decide cases afresh within two months of surrender/arrest