CHITRASEN BEHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner with the following relief(s):

(2.) The petitioner's application for grant of leave (parole) has been rejected by the respondent No.3/the District Magistrate, Mahasamund, District Mahasamund (C.G.) vide order dtd. 5/8/2024 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 he is likely to commit cognizable offence.

(3.) Learned counsel for the petitioner would submit that the petitioner is in the Central Jail, Raipur, District Raipur (C.G.) since 18/4/2018. He has been convicted by the learned Sixth Additional Session Judge, Raipur, District Raipur (C.G.) in Session Trial No. 159/2018 for the offence punishable under Sec. 302/34, 120-B of the IPC and sentenced to undergo life imprisonment and fine of Rs.5,000.00, in default of payment of fine, one year additional R.I. and rigorous imprisonment for 07 years and fine of Rs.1,000.00 in default of payment of fine, three months additional R.I. with a direction to run both the sentences concurrently. The petitioner is in jail since 18/4/2018 and till the petitioner has not been granted leave on parole by the respondent authorities. He would further submit that the application of the petitioner has been rejected by the respondent No.3 summarily without following the relevant provisions of Rule 4 of the Chhattisgarh Prisoner's Leave Rules 1989 (in short 'the Rule, 1989') as well as Rules 6, 9, 11 and 12 of the Rules, 1989, therefore, the order passed by respondent No.3 dtd. 5/8/2024 is liable to be set aside and the petition deserves to be allowed.