LAWS(CHH)-2021-8-41

DHANUSHDHARI Vs. STATE OF CHHATTISGARH

Decided On August 11, 2021
Dhanushdhari Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner has filed this writ petition under Art. 226 of the Constitution of India, with a prayer to release him on leave under the Chhattisgarh Prisoner's Leave Rules, 1989 and to quash the order dtd. 14/9/2020 (Annexure P/1) passed by District Magistrate, Surajpur, District- Surajpur by which application of the petitioner for grant of leave has been rejected.

(2.) The brief facts as projected by the petitioner are that the petitioner is in jail and has served more than 6 ½ years of jail sentence as he was involved in commission of offence punishable under Ss. 148, 353, 302 and 149 of I.P.C. and vide order dtd. 25/5/2016 passed by learned Additional Sessions Judge, Pratappur, he was sentenced for lifetime.

(3.) Learned counsel for the petitioner would submit that the petitioner has already suffered jail sentence now 7 years and as per the Chhattisgarh Prisoner's Leave Rules, 1989 (for short "the Rules, 1989") framed by State of Chhattisgarh, the petitioner is entitled for grant of leave. Hence, it is prayed that on above factual matrix, the petitioner may be released on parole.