MANSARAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The present petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India against order dtd. 12/8/2021 passed by Collector - District Magistrate, Distt., Kabirdham (CG), whereby, application for release of son of the petitioner, namely Uttam Sahu/detainee on parole, has been rejected.

(3.) Learned counsel for the petitioner would submit that detainee Uttam Sahu is a life convict, he has been convicted by the Sessions Judge, in Sessions Case No. 29/2018 for the offence under Ss. 363, 366, 376 and 302 IPC and Sec. 6 of the Protection of Children from Sexual Offences Act and is languishing in jail since 19/4/2018. After fulfillment of the all the criteria, detainee Uttam Sahu has filed an application for temporary release/parole under Chhattisgarh Prisoner's Leave Rules, 1989 (for short 'Rules 1989'), which has been rejected by the District Magistrate vide impugned order dtd. 12/8/2021, which is illegal and against the provisions of the Rules 1989. Hence, it is prayed that appropriate direction may be issue to the respondent-authorities for release of detainee Uttam Sahu, son of the petitioner, on temporary release/parole.