SUNIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is a prisoner undergoing sentence for offence punishable under Sections 148, 302 and 149 of IPC and Sections 25(1)(1-B)(B) and 27(1) of the Arms Act, 1959 at Central Jail, Bilaspur. On 10/09/2020, he filed an application for grant of leave (on parole) but that application was kept pending and was not being decided by learned District Magistrate, Bilaspur. Ultimately, on the petition filed by the petitioner being WPCR No. 457/2020, this Court vide order dated 05/10/2020, directed the District Magistrate to consider and dispose of the said application filed by the petitioner within a specified time. Pursuant to that order, learned District Magistrate, Bilaspur took a call on petitioner's application for grant of leave (on parole) and rejected it holding that petitioner has been found involved in commission of a jail offence and therefore, he is not eligible for grant of leave (on parole) by virtue of Rule 4(A)(2) of the Chhattisgarh Prisoners Leave Rules, 1989 against which the instant writ petition has been preferred by the petitioner.

(2.) Mrs. M. Asha, learned counsel appearing for the petitioner, would submit that the petitioner has unnecessarily been denied the privilege of leave (on parole) on the ground of alleged commission of jail offence whereas he was not given an opportunity of hearing, as such, his application for grant of leave (on parole) deserves to be granted.

(3.) Mr. Ravi Bhagat, learned Deputy Advocate General, would submit that on 23/08/2020, petitioner was found carrying prohibited articles inside the jail premises and he was convicted for offence punishable under Section 45 of the Prison Act, 1894 and a punishment of deduction of 7 earned leaves was imposed upon him under Section 46 of the Prisons Act, 1894, as such, his application for grant of leave (on parole) has rightly been rejected by learned District Magistrate.