RATAN DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, with a prayer to release him on leave under the Chhattisgarh Prisoner's Leave Rules, 1989 and also to quash the order rejecting leave of the petitioner, if formally passed by District Magistrate, Korba (C.G.)

(2.) The brief facts as projected by the petitioner are that the petitioner is in jail since 28.01.2015 as he was involved in commission of offence punishable under Section 302 I.P.C. for lifetime imprisonment in pursuance of the order of punishment dated 29.12.2015 passed by learned Sessions Judge, Korba (C.G.) in Sessions Trial No. 54/2015.

(3.) Learned counsel for the petitioner would submit that the State of Chhattisgarh has framed the Chhattisgarh Prisoner's Leave Rules, 1989 (for short "the Rules, 1989") in exercise of powers conferred under Section 31A of the Prisoners Act, 1900 (for short "the Act, 1900"). Rule 4-A of the Rules, 1989 provides for eligibility for leave to the prisoner. Rule 6 of the Rules, 1989 provides for sanctioning authority for first leave. Rule 8 of the Rules, 1989 provides for sanctioning authority for subsequent leaves. Rule 9 of the Rules, 1989 provides for conditions for release on leave. He would further submit that since the petitioner has been convicted vide order dated 28.01.2015 and he has completed more than six years of jail sentence, therefore, as per the Rules, 1989, he is entitled to be released on parole.