SANTHRAM SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties. The issue brought before this Court in the present writ petition is about applicability of Rules 4 and 6 of the Chhattisgarh Prisoner's Leave Rules, 1989 (for short 'the Rules, 1989') under which the petitioner had applied for leave, but the same has been refused by the District Magistrate, Uttar Bastar, Kanker.

(2.) The petitioner was accused of committing murder and eventually he was convicted by the First Additional Sessions Judge, Kanker, on 20- 7-2006 for committing offence under Sec. 302 of the Indian Penal Code. The petitioner is presently undergoing the sentence of life imprisonment at Central Jail, Raipur. Having already suffered jail sentence of about 13 years, the petitioner applied for leave under Rule 4 of the Rules, 1989. The said application was recommended by the Superintendent, Central Jail, Raipur, and was sent to the District Magistrate, Uttar Bastar, Kanker, for orders in accordance with the Rules.

(3.) The District Magistrate, thereafter, sought a report from the Superintendent of Police, Uttar Bastar, Kanker, who, in turn, sought information from the village Panchayat and other persons in the locality including the relatives of the victim. The Station House Officer, Police Station, Chaarama, made enquiries from the persons who are proposed to be his sureties in the event leave is granted. The sureties confirmed the fact that they will stand surety and the village panchayat did not object to the petitioner's release on leave, however, the relatives of the victim raised objection on the petitioner's release. Acting on this objection, the District Magistrate refused to accord permission to sanction leave to the petitioner.