Chattisgarh High Court
Dhaniram Jangde vs State Of Chhattisgarh on 26 August, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:43159-DB
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.08.26
17:56:23
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 470 of 2025
1 - Dhaniram Jangde S/o Agarman Jangde Aged About 50 Years
Convicted Prisoner No. 7315/34, R/o Village- Mudpar, Police Station-
Bilaigarh, District Sarangarh-Bilaigarh C.G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Home,
Mantralaya, Mahanadi Bhawan, Nawa Raipur, Distt. Raipur C.G.
2 - Jail Superintendent, Central Jail, Raipur, Distt. Raipur C.G.
3 - District Magistrate, Sarangarh, District- Sarangarh-Bilaigarh C.G.
4 - Superintendent Of Police Sarangarh, District- Sarangarh-
Bilaigarh C.G.
... Respondent(s)
(Cause title taken from CIS) For Petitioner(s) : Shri Veer Verma with Shri Ankush Borkar, Advocates.
For Respondent/State : Shri Sangharsh Pandey, Advocate. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 26.08.2025
1. Heard Shri Veer Verma, Advocate with Shri Ankush Borkar, learned counsel for the petitioner. Also heard Shri Sangharsh Pandey, learned Govt. Advocate, appearing for the respondents/State.
2. The present writ petition has been filed with the following prayer:-
(i) Call for entire record pertaining to the case of the petitioner.
(ii) Quash the impugned order dated 28.01.2025 (Annexure P/1) passed by respondent no. 3 and order may kindly be passed for temporary release/parole of the petitioner for 14 + 2 days.
(iii) To grant any other relief which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
3. The petitioner's application for grant of leave (parole) has been rejected by the Collector-cum-District Magistrate, Sarangarh, 3 District- Sarangarh-Bilaigarh (C.G.) vide order dated 28.01.2025 on the recommendation of the concerned Superintendent of Police holding that the release of the prisoner on leave, the villagers, Panchas and the Sarpanch of Gram Panchayat have raised objection, stating that if the prisoner enters the village, there is a likelihood of an atmosphere of fear and resentment among the villagers, and there exists every possibility of breach of peace in the village.
4. Learned counsel for the petitioner would submit that the petitioner has been convicted for the offence punishable under Section 120(L), 147, 148, 452, 302/149, 436/149, 435/149, 20/149, 307/149 of Indian Penal Code vide order dated 15.11.2022. He is serving his sentence in Central Jail, Raipur and entitled for release on parole/leave for 14 + 2 days, therefore filed an application before respondent no. 2 which was forwarded to the respondent no. 3 and ultimately respondent no. 3 dismissed the application without following the relevant provisions of Rule 4 of the Chhattisgarh Prisoner's Leave Rules 1989 (in brevity 'the Rule, 1989') as well as Rules 6, 9, 11 & 12 of the Rules, 1989, therefore the order passed by 4 the District Magistrate dated 28.01.2025 is liable to be set- aside and the petition deserves to be allowed.
5. On the other hand, learned State counsel supports the impugned order and opposes the prayer made by the learned counsel for the petitioner.
6. We have heard learned counsel for the parties and perused the impugned order and the material available on record.
7. From perusal of the impugned order shows that the District Magistrate, Sarangarh was swaying with the opinion of the concerned Superintendent of Police that if the petitioner is released on parole, there is a likelihood of an atmosphere of fear and resentment among the villagers, and every possibility of breach of peace in the village.
8. Recently, in the matter of Shor v. State of UP decided on 05/08/2020 in WP(Cr.) No. 58/2020, the Hon'ble Supreme Court has granted the benefit of parole to those whose application was rejected on the ground that the crime is heinous and release of such a person would send a negative message against the justice system in the society.
"...Merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the 5 society are factors de hors Section 2 of the United Provinces Prisoners Release on Prohibition Act, 1938. Conduct in prison has not been referred to at all and the Senior Superintendent of Police and the District Magistrate confirming that the prisoner is not "incapacitated" from committing the crime is not tantamount to stating that he is likely to abstain from crime and lead a peaceable life is released from prison..."
9. In the present case also merely on the basis of the vague report of the concerned Superintendent of Police, without considering the relevant rules, the District Magistrate has rejected the application of the petitioner. In view of the above matter and in view of the decision of the Hon'ble Supreme Court passed in Shor (supra), the impugned order passed by the District Magistrate, Sarangarh (Annexure P/1) is hereby set aside and the petitioner is directed to be released on parole.
10. Accordingly, the present petition is allowed and the Collector- cum-District Magistrate, Sarangarh District Sarangarh- Bilaigarh (C.G.) is directed to verify the surety submitted by the petitioner and issue necessary release order granting leave/parole to the petitioner for 14 days and the petitioner shall surrender before the concerned jail authority on 6 completion of 14 days, at 11.00 a.m. positively. The District Magistrate, while allowing the application for grant of parole to the petitioner, may also seek surety of one family member of the petitioner as provided in Section 4(e) of the Rules, 1989 and may direct the petitioner to mark his presence before the District Magistrate, Sarangarh District- Sarangarh-Bilaigarh (C.G.) on each day during that period.
11. In the result, the present petition stands allowed with the above observations/directions.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Shoaib