TORAN BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner's application for grant of leave (parole) has been rejected by Additional District Magistrate, Rajnandgaon (C.G.) on the direction of the District Magistrate, Rajnandgaon by order dtd. 7/12/2020 (Annexure P/1) on the recommendation of the concerned Superintendent of Police holding that the petitioner's release is likely to lead quarrel and dispute by the petitioner with the victim's family and petitioner is likely to commit cognizable offence.

(2.) Learned counsel for the petitioner would submit that Rule 4 of the Chhattisgarh Prisoner's Leave Rules 1989 (in brevity 'the Rule, 1989') as well as Rules 6, 9 11 and 12 of the Rules, 1989 have not been considered by the Additional District Magistrate while deciding the petitioner's application for grant of leave on parole and it was rejected summarily, therefore, the order passed by the Additional District Magistrate, Rajnandgaon dtd. 7/12/2020 (Annexuure P/1) is liable to be set aside and the writ petition deserves to be allowed.

(3.) Learned State counsel would support the impugned order and oppose the prayer made by learned counsel for the petitioner.