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Bhagwat Saran and ors. Vs. State of Uttar Pradesh and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition (Criminal) Nos. 1145-1149 of 1982
Judge
Reported in1982(2)SCALE1376; (1983)1SCC389
AppellantBhagwat Saran and ors.
RespondentState of Uttar Pradesh and ors.
Excerpt:
.....recommendations should have been accepted by the government. the committee had recommended the release of these prisoners after taking into consideration the behaviour in side the jail as well as other factors. ' a bald statement like that without any attempt to indicate how law and order is likely to be adversely affected by their release cannot be accepted......after taking into consideration the behaviour in side the jail as well as other factors. the only ground given by the state in the counter affidavit is that 'after considering their cases sympathetically keeping in view the law and order situation they cannot be released.' a bald statement like that without any attempt to indicate how law and order is likely to be adversely affected by their release cannot be accepted. in fact there are no reasons why recommendations could not be accepted. we direct that the petitioners be released forthwith.
Judgment:
ORDER

1. Rule Nisi.

2. After hearing counsel on either side and considering the affidavit of the respondents filed herein we are satisfied that it is a case where the Committee's recommendations should have been accepted by the Government. The Committee had recommended the release of these prisoners after taking into consideration the behaviour in side the jail as well as other factOrs. The only ground given by the State in the counter affidavit is that 'after considering their cases sympathetically keeping in view the law and order situation they cannot be released.' A bald statement like that without any attempt to indicate how law and order is likely to be adversely affected by their release cannot be accepted. In fact there are no reasons why recommendations could not be accepted. We direct that the petitioners be released forthwith.


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