MAHIPAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant writ petition is directed against the order dated 31/08/2020 by which petitioner's application for grant of leave on parole has been rejected by the District Magistrate, Jagdalpur, Distt. Bastar. Return has been filed by the State supporting the order of the District Magistrate rejecting petitioner's application for grant of parole.

(2.) Ms. Reena Singh, learned counsel appearing for the petitioner, would submit that learned District Magistrate is absolutely unjustified in rejecting petitioner's application for grant of leave on parole without assigning any reason and ignoring the law laid down by this Court for grant of parole in the matter of Rakesh Shende v. State of Chhattisgarh, WPCR No. 29/2016 decided on 18/11/2016 as such, his application be granted and he be released on parole.

(3.) Per contra, Mr. Ravi Bhagat, learned State counsel, would submit that petitioner has been convicted for offence punishable under Section 376(2)(i) of the IPC and Section 4 of Protection of Children from the Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and he has been sentenced to undergo R.I. for 10 years with fine of Rs. 1,000/- and R.I. for 7 years with fine of Rs. 1,000/-, with default stipulations respectively and since, the petitioner has been convicted for the offence punishable under the POCSO Act, as per the guidelines issued by the Central Government under Section 39 of the POCSO Act, service of notice to the victim would be necessary, but nowhere it appears from the order of learned District Magistrate that the victim was noticed before considering petitioner's application for grant of parole.