[Criminal Appeal No.2562 of 2014 arising out of SLP (CRL.) No.1009 of 2007]. This appeal has been preferred by the State of Madhya Pradesh against Order dated 5th December, 2003 passed by the High Court of Madhya Pradesh at Indore in Writ Petition No.1077 of 2003. The question raised for our consideration is whether the High Court ought to release a person under the provisions of Madhya Pradesh Prisoner's Release on Probation Act, 1954 read with M.P. Prisoner's Release on Probation Rules, 1964 (for short "Act and the Rules"), if it is found that rejection of the prayer for said release by the competent authority was not proper. The respondent was tried for a charge of murder under Section 302 of the Indian Penal Code and convicted under the said provision in Session Trial No.106 of 1988 and sentenced to undergo life imprisonment vide Order dated 26th July, 1989. He applied for release under the provisions of aforesaid Act and the Rules. His request was considered by the statutory Board, in compliance of the Division Bench order of the High Court in Writ Petition No.1138 of 2002 but he was not found entitled to be released. The opinion of the Board was accepted by the State Government. The said opinion and the order of the State Government are as follows:
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