Chattisgarh High Court
Dashrath @ Jolo Dhimar vs State Of Chhattisgarh 24 Wps/3600/2009 ... on 6 February, 2018
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 63 of 2018
• Dashrath @ Jolo Dhimar S/o Shri Shobhali Dhimar Aged About 55 Years
R/o Village Mudpar Post Kapan Police Outpost Naila Police Station Janjgir
District Janjgir Champa, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Home (Jail) Department,
Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh
2. The Director General Of Prisons And Correctional Services Chhattisgarh,
Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur,
Chhattisgarh
3. The District Magistrate, District Janjgir Champa, Chhattisgarh, District :
Janjgir-Champa, Chhattisgarh
4. The Jail Superintendent, Central Jail, Bilaspur, Chhattisgarh.
---- Respondents
For Petitioner : Shri Rishi Rahul Soni, Advocate For Respondents-State : Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/02/2018
1. Heard.
2. Learned counsel for the petitioner would submit that the issue involves about the grant of parole to the accused/petitioner. He would further submit that in the year 2014, 2015 & 2016 applications were filed to release the petitioner on parole and all the applications remained undecided till date, therefore, the State authorities may be directed to decide the said applications forthwith.
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3. Perused the application Annexure P-2, wherein the endorsement of document is on 04.04.2014 and a reminder dated 10.09.2014, which was sent is also enclosed. Again the application Annexure P-5 to release the petitioner on parole was sent on 23.03.2015 and lastly it was sent on 17.02.2016. It appears that the said applications remained undecided.
4. Rule 7 of the Chhattisgarh Prisoner's Leave Rules, 1989 (for short' the Rules, 1989') reads as under:-
"7. The examination of request of a prisoner for leave shall be treated as urgent at all stages and orders on the request shall be communicated to the prisoner expeditiously as far as possible."
5. In view of the above Rule which mandates that whenever the application is filed, the same may be decided forthwith, it is directed that the concerned authorities shall decide the application of the petitioner to release on parole within a period of 30 days from the date of receipt of this order.
6. With such observation, the petition stands disposed of.
Sd/-
Goutam Bhaduri Judge ashu