RAMANIK SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner's application for grant of leave (parole) has been rejected by the District Magistrate, Rajnandgaon (C.G.) by order dtd. 11/1/2021 (Annexure P/1) on the recommendation of the concerned Superintendent of Police holding that the family of the deceased has objection in granting leave to the Petitioner as his release is likely to break peace in the village and Petitioner may commit cognizable offence.

(2.) Learned counsel for the Petitioner submits that Rule 4 as well as Rules 6, 9 11 and 12 of the Chhattisgarh Prisoner's Leave Rules 1989 (for short 'the Rules, 1989') have not been considered by the District Magistrate while deciding the Petitioner's application for grant of leave on parole and it was rejected summarily, therefore, the said order is liable to be set aside and the Petition deserves to be allowed.

(3.) Learned State Counsel supports the impugned order and opposes the prayer made by learned counsel for the Petitioner.