SANAJY PATRE Vs. STATE OF C.G.

JUDGEMENT

(1.) The present petition has been filed by the petitioner against order dtd. 8/11/2021 (Annexure-P/1) passed by respondent No.3/the Collector-cum-District Magistrate, Mungeli (CG) whereby the application for releasing the petitioner/convict on parole of 12 days including journey period has been rejected.

(2.) The petitioner is a prisoner, who has been convicted for commission of offence under Ss. 148 & 302 of Indian Penal Code and is languishing in Jail since 19/7/2016. He made an application for grant of leave under Rule 4 and 6 of the Chhattisgarh Prisoner's Leave Rule 1989 (henceforth "Rule 1989'). On the said application, the District Magistrate called report from Superintendent of Police, Mungeli Distt. Mungeli, who, in turn, called report from Incharge Police Outpost Chilfi, Police Station Lormi through Dy. Superintendent of Police, Lormi Distt. Lormi, who, in turn, submitted adverse report stating therein that wife of the deceased has raised an objection with regard to grant of leave on the ground that if the petitioner is released on parole, then the petitioner may commit the crime again with them and there will be breach of peace in the village. Relying upon the report, which was forwarded by Superintendent of Police, Mungeli, learned District Magistrate, Distt. Mungeli by its order dtd. 8/11/2021 rejected the application reiterating the objection of wife of the deceased that on being released the petitioner, there may be possibility of breach of peace in the village.

(3.) Feeling dissatisfied and aggrieved against that order, the instant writ petition has been filed.