JUDGMENT 1. Petitioner Ramesh Garudia s/o Shri Shyam Lal Garudia was convicted under Section 302 IPC in Sessions Case No. 5/79 by the learned Addl. Sessions Judge, Kota, who sentenced him to undergo life imprisonment vide judgment dated 13.4.81. He was arrested in the case on 4.1.79 and since then he has been in custody; upto the date of judgment in judicial custody during trial and thereafter as a convict. His case for release from the Jail was put up before the Advisory Board, who was of the opinion that if released from Jail, there is every likelihood of the petitioner having danger to his own life and further that there is likelihood of communal disturbance as the house of the petitioner is in sensitive area. The Board also was of the opinion that if released the petitioner would try to intimate the witnesses of other cases pending against him. This view was taken by the Board on the report of the S.P. and Collector concerned. It is not disputed before us that the petitioner has been in custody since 4.1.79. No incident has been brought to our notice which created any such apprehension in the minds of the concerned authorities about the communal tensions or about the petitioner being in a position to intimidate the witnesses, in case he is released from Jail. Even otherwise, if there is any apprehension about the witnesses being threatened, it may be a ground for opposing the bail application if any, moved by the petitioner in those eases and such a ground cannot be said to be a valid one while determining the case of release of the petitioner, who has been in custody for more than 15 years. No particular of any case even have been given which can be said to be influenced with the decision of the Board. It appears that the Board acted on the report of the Collector and the S.P. concerned without applying its own mind. 2. Consequently, we accept this writ petition and direct that the petitioner should be released from Open Air Jail, Sanganer (Jaipur) or wherever he is lodged without any delay, unless wanted in some other case. *******