CHANDANI MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Vivek Tripathi, learned counsel for the petitioner. Also heard Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the State/respondents.

(2.) The petitioner's application for grant of leave (parole) has been rejected by the Additional District Magistrate, Raipur (C.G.) on the direction of the District Magistrate, Raipur by order dtd. 19/3/2021 (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.

(3.) 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 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 dtd. 19/3/2021 is liable to be set aside and the petition deserves to be allowed.