SHIVKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed by the petitioner against order dtd. 28/10/2021 (Annexure-P/1) passed by respondent No. 3/The Collector-cum-District Magistrate, Bilaspur (CG) whereby the application for releasing the petitioner/convict on parole of 10 + 02 days including journey period has been rejected.

(2.) The petitioner is a prisoner, who has been convicted for commission of offence under Ss. 450 and 376 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 07 years and to pay fine of Rs.200.00 for offence under Sec. 450 IPC and to undergo RI for 07 years and to pay fine of Rs.200.00 for offence under Sec. 376 IPC. He was on jail from 6/12/2001 to 5/12/2002 and presently he is in jail since 4/8/2020. 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 Senior Superintendent of Police, Distt. Bilaspur, who called report from Station Incharge, Police Station Civil Line, Distt. Bilaspur, who submitted adverse report stating therein that since the petitioner and the victim reside in the same locality, there is apprehension of happening any untoward incident and also there is possibility that the petitioner would abscond after being released on parole. He has also reported the objection raised by Ward Parshad as well as the victim in respect of granting parole to the petitioner. Relying upon the report, which was forwarded by Senior Superintendent of Police, Bilaspur, learned District Magistrate, Distt. Bilaspur by its order dtd. 28/10/2021 rejected the application reiterating the reasons mentioned by the Station Incharge, Police Station Civil Line Distt. Bilaspur, that on being released, there is apprehension of happening any untoward incident and also there is possibility that the petitioner would abscond after being released on parole.

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