ANIL RAWANI Vs. MUNNA RAM RAWANI

JUDGEMENT

(1.) Petitioner herein is a prisoner who has been sentenced for life imprisonment for commission of offence punishable under Section 302 of IPC and is serving his jail sentence in Jashpur jail. In 2019, petitioner made an application for grant of leave (parole) as per the relevant parole rules in which the District Magistrate, Jashpur called a report from the Superintendent of Police, Jashpur. The report was submitted by the Superintendent of Police, Jashpur on 19/06/2019 with some adverse recommendation and thereafter, accepting the said report, petitioner's application for grant of leave of parole was rejected by the District Magistrate, Jashpur vide order dated 16/07/2019 (Annexure P/1) which was the subject matter of WPCR No. 847/2019 filed by the petitioner before this Court. Ultimately, the order passed by the District Magistrate, Jashpur (Annexure P/1) was set aside vide order dated 11/09/2019 (Annexure P/2) wherein this Court directed the District Magistrate, Jashpur to decide petitioner's application for grant of leave of parole afresh by passing a reasoned and speaking order, but this time again, by the impugned order dated 28/09/2019 (Annexure P/3), petitioner's application has been rejected against which the instant writ petition has been preferred.

(2.) Mr. Nishikant Sinha, learned counsel for the petitioner, would submit that petitioner had firstly made the application in the month of June, 2019 and more than an year has passed, but his application has not been decided competently and he has still not been admitted to the privilege of parole despite serving sentence for a fairly long time. He would further submit that in light of the decision recently rendered by the Supreme Court in Shor v. State of U.P . on 05/08/2020 in W.P(Cr.) No. 58/2020, the present writ petition deserves to be allowed and the petitioner deserves to be released on parole.

(3.) Mr. Ravi Bhagat, learned State counsel, would submit that petitioner's case will be considered afresh as new Government has taken over.