NAKUL RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed invoking the provisions of Article 226 of the Constitution of India seeking for a direction for the Respondents for releasing the Petitioner on parole.

(2.) Counsel for the Petitioner submits that it is a case where the application of the Petitioner for grant of parole was sent for enquiry to the Station House Officer of Police Station, Khairagarh, District Rajnandgaon who had during the course of the investigation recorded the statements of some of the villagers and most of them, except the brother of the deceased, have not objected in any manner for the release of the Petitioner on parole, yet the Station House Officer has given a report of the likelihood of breach of peace if the Petitioner is released on temporary leave/parole. The said report of the Station House Officer, was further recommended by the Sub Divisional Officer (Police), Khairagah to the Superintendent of Police, Rajnandgaon supporting the opinion given by the Station House Officer of not releasing the Petitioner on parole. Based upon the said report of the Sub Divisional Officer (Police), Khairagarh, the Superintendent of Police, Rajnandgaon also refused to recommend the case of the Petitioner for grant of parole. Subsequently, the District Magistrate, Rajnandgaon acting upon the said recommendation of the Superintendent of Police, also rejected the application of the Petitioner for grant of parole. Counsel for the Petitioner further submits that it is a case where the order passed by the District Magistrate was without proper consideration of the rules governing the fields and it has been passed in a mechanical manner. Counsel for the Petitioner relies upon the decision of this Bench rendered in Writ Petition (Cr.) No. 69 of 2016 wherein this Court had allowed a similar petition and ordered the concerned District Magistrate to pass a fresh order in the light of the rules applicable for the grant of parole.

(3.) Counsel for the State however opposing the petition submits that taking into consideration the gravity of the offence committed by the Petitioner and the fact that the Sub Divisional Officer (Police) and the Superintendent of Police have not recommended the case of the Petitioner for grant of parole, the District Magistrate has rightly rejected the same and which cannot be said be bad in law or infirm in any manner.