^ HiGHT COURT OF JUDICATURE CHHATTISHGARH : BILASPUR Sinate Bench : Hon'ble Shri S.R. NAYAK, PETiTIONER S/o. Shri Shabbir Hussain, Aged 31 years, R/o. Bandhawapara, Sarkanda, Bilaspur. Versus 1. State-of Chhattisgarh, Through Secretary, Deptt. Of Home, D.K. Bhawan, Raipur, (C.G.). 2. Chairman, Probation Board of Ghattisgarh, Raipur. 3. Inspector General of Prisons, Govt. of Chhattisgarh, 4. Collector, Bilaspur. 5. Superintendent of Police, •f L \&/, Present: Mr. Rajeev Shrivastava.learned cbunsel for the petitioner Mr. Sanjay S. Agrawal, learned Govt. Advocate for th.e State/Respondents. (PassedonS"' December, 2005) The petition.er is convicted and sentenced to undergo iife imprisonment for the offence punishabie under section 302 of Indian Penal Code and rigorous imprisonment for 7 years for the offence punishable under Section 376 of the Indian Panet Code by the learned Sessions .^' tl \\ —s^~ -.^\ Judge, Bilaspur in Session Trial No.379/1991. The appeal preferred agalnst the said judgment, it is stated, is pending in this court in Cr. Appeal No.934/1993. It is stated that presentiy the petitioner has been on bail by virtue of orders passed by this court from time to time. When the matter stood thus, the petitioner moved an appiication for his release on licence under the provisions o{ M.P. Prisoners Reiease on Probation Act, 1954 (for short the 'Act') and his request has been rejected by the Probation Board by its order (Annx-2) dated Nil, but served on the petitioner on 06/09/2001. Being aggrieved by the said order, this writ petition is filed under Articles 226 and 227 bf the Constitution of india. (2) ! have heard learned Counsel for the petitioner and the learned Government Advocate for State/Respondents. (3) Shri. Rajeev Shrivastava, learned counsel for the petitioner would contend that the impugned order of the Probation Board is totally arbitrary inasmuch as,.noty/ithstanding the recommendations made by the District Collector and District Superintendent of Poiice to release the petitioner on !icence, the Probation Board arbitrariiy rejected his request. Per contra, Shri. Sanjay S. Agrawal would contsnd that the Probation Board is not bound by the recommendations ofthe District Magistrate or District Superintendent of Police and it can take its own decision on the basis of the materials resting with it. It is true that the Probation Board is not bound by the recommendation of the District Magistrate or District Superintendent of Police, but, at the same time it needs to be noticed that the Probation Board cannot act arbitrarily or unreasonably. Undoubtedly, the Probatloh Board can take a different view from the one taken by the District Magistrate of the District Superintendent of Police provided some other relevant materials rest with the Board to take such a decision. That is why this court pointedly asked the learned Government Advocate whether the Probation Board had any other relevant materiais on the basis of which it had taken the decision not to reiease the petitioner oh iicence under the provisions of the Act and the learned Govt. Advocate wouid fairiy submit that it had no other material to form a differentopinion. Therefore, the reason given bythe Probation Board that ifthe petitioner is released on license under the Act, he would harm the intimates of the jaii, if I may say so, rests soiely on the subjective satisfaction of the Probation Board and not on the objective considerations of any,reievant materials. (4) ln that viewofthe matter, the Board's decision could not be assisted in law. In the result, the writ petition is allowed. The impugned order is quashed and the Probation Board is directed to reconsider the request of the petitioner for release on licence under the Act strictly in conformity with the provisions of the Act and in the light of the obser/ations made in this order. The application of the petitioner shou!d be disposed of as expeditiously as possible and at any rate wthina period of three months from the date of receipt of a copy of this order. '.-Sd/-- Cliief«Iustice 8n»9ei^