State Of M.P vs Kusum

The Supreme Court upheld the Madhya Pradesh High Court's decision to quash the Circular dated 3.8.2005, which prohibited the Probation Board from considering the release of convicts whose appeals were pending. The Court found that the Circular was inconsistent with the Madhya Pradesh Prisoners' Release on Probation Act, 1954, and misinterpreted a prior Division Bench ruling. The Court emphasized that while the earlier ruling aimed to address irregularities in the decision-making process, it did not bar the consideration of applications for probation or mercy petitions, thus affirming the High Court's judgment.