GUNJA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Art. 226 of the Constitution of India, with a prayer to release son of the petitioner on leave under the Chhattisgarh Prisoner's Leave Rules, 1989 and to quash the order dtd. 23/2/2021 (Annexure P/2) passed by Additional District Magistrate, Raipur, District- Raipur (C.G.) as well as order dtd. 24/12/2020 (Annexure P/2) passed by Senior Superintendent of Police, Raipur (C.G.) by which application of the son of the petitioner for grant of leave has been rejected.

(2.) The brief facts as projected by the petitioner are that son of the petitioner was languishing in jail from 18/10/2013 to 29/1/2015 and from 11/5/2018 onwards and in total he has served more than 5 years of jail sentence on account of his involvement in commission of offence punishable under Ss. 147, 148, 302/149, 325/149 of I.P.C., wherein he was sentenced for lifetime.

(3.) Learned counsel for the petitioner would submit that now son of the petitioner has already suffered jail sentence more than 5 years and as per the Chhattisgarh Prisoner's Leave Rules, 1989 (for short "the Rules, 1989 ") framed by State of Chhattisgarh, he is entitled for grant of leave. Hence, it is prayed that on above factual matrix, he may be released on parole.