Person in Jailed cannot be barred from applying for release: SC

New Delhi, July 22 (UNI) The Supreme Court has ruled that a person who is in jail cannot be barred from applying for his or her release during the pendency of the appeal in the appellate court.

A bench, comprising Justices Arijit Pasayat and P P Naolekar, while dismissing the appeal of the State of Madhya Pradesh, quashed the State Government circular dated August 3, 2005 directing that people whose appeals were pending before the appellate court were not entitled to be considered for the purpose of release on probation.

The circular was based on the judgement of Madhya Pradesh High Court dated October 14, 2004.

Kusum, who was going under life imprisonment in a murder case had filed an application for her release under the MP Prisoners Release on Probation Act.

The apex court while quashing the circular, observed ''the High Court never hold that even making of an application is to be barred.

Therefore, the circular is held to be illegal by the High Court.

There cannot be any bar for making an application. Whether the prayer as contained in the application is to be accepted or not is another question.'' According to the State Government, the circular was issued to curb the illegal efforts by those whose bail applications have been rejected by the courts.

UNI