ANISH KUMAR BUNDELE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have been convicted for the offence punishable under Section 37(A) of the Army Act, 1950 (henceforth "Act, 1950") for causing a mutiny in the military forces of India and sentenced to undergo rigorous imprisonment for 10 years by Summary General Court Martial. Thereafter, as the petitioners are resident of District Durg, they have been transferred from Leh-Laddak to Central Jail, Durg as per the Transfer of Prisoners Act , 1950 (henceforth, " TP Act , 1950"). They made an application for grant of parole to meet the family members before the Central Jail Durg and the Central Jail Durg forwarded it to the General Officer Commanding {Competent Authority} for considering the said application. The said competent authority has rejected the application finding no merit, against which instant writ petition (Cr.) has been preferred.

(2.) Learned counsel appearing for the petitioners would submit the impugned order rejecting their application for grant of parole is bad and unsustainable in law, which is liable to be set aside.

(3.) On the other hand, counsel for the State would submit that the competent authority has rightly rejected the application for grant of parole filed before the Central Jail, Durg as M.P/C.G.Prisoners Leave Rules, 1989 is not applicable to the petitioners' case because the said Rule is only applicable to those persons, who have been convicted & sentenced by courts lying within the jurisdiction of the State of Chhattisgarh whereas the petitioners were the employees of Force (Military) whereas order of conviction and sentence has been passed against them under Section 37(1) of the Army Act, 1950 by Summary General Court Martial, therefore, the writ petition is liable to be dismissed.