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Chattisgarh High Court

Hirendra @ Golu vs State Of Chhattisgarh on 28 January, 2022

Author: Rajani Dubey

Bench: Rajani Dubey

                                     1

                                                                       NAFR
      HIGH COURT OF CHHATTISGARH, BILASPUR
                       WPCR No. 114 of 2022
   Hirendra @ Golu S/o Dayaram Tandan Aged About 36
    Years Convict No. 347/01, Lodged In Raipur Central
    Jail, Raipur, Distt. Raipur Chhattisgarh (C.G.)
                                                          ­­­­ Petitioner
                               Versus
   State    Of    Chhattisgarh   Through­     Secretary,
    Department   Of   Home,  Mantralaya,   Naya   Raipur,
    District­ Raipur (C.G.)
   Jail Superintendent Central Jail Raipur, District­
    Raipur (C.G.)
   District        Magistrate    Dhamtari,           Distt.­        Dhamtari
    (C.G.)
   Deputy Collector Dhamtari, Distt.­ Dhamtari (C.G.)
   Superintendent Of Police Dhamtari, Distt.­ Dhamtari
    (C.G.)
   Thana In­Charge          Police      Station      ­    Arjuni,     Distt.
    Dhamtari (C.G.)
                                                          ­­­­ Respondents



For Petitioner                 : Ms. Rajani Soren, Adv.
For State                      : Mr. Ayaz Naved, G.A.


      Hon'ble Smt. Justice Rajani Dubey, J.

Order on Board 28.01.2022

1. Heard.

2. The present petition has been filed under article 226 of the Constitution of India challenging the order dated 24.08.2020 passed by the Deputy Collector, Dhamtari (C.G.) whereby the application filed by the petitioner under Chhattisgarh Prisoner's Leave Rule 1989 for grant of leave 2 (parole) has been rejected.

3. The petitioner is a prisoner who has been convicted for the offence under Sections 450, 397 & 302 of the IPC and served about 9 years of jail sentence. He made an application for grant of leave under Chhattisgarh Prisoner's Leave Rule 1989 but the said application was rejected by Deputy Collector, Dhamtari vide order dated 24.08.2020. Feeling dissatisfied and aggrieved against that order, the instant writ petition has been filed.

4. It is clear from the record that the impugned order was passed on 24.08.2020 by the concerned Authority and since then about one and a half years have been passed, therefore, looking to the facts and circumstances of the case this petition is disposed of with this direction that petitioner file a new application before concerned authority and learned concerned Authority to decide his application in accordance with law and as per the principles laid down in this Court's order in the matter of Rakesh Shende Vs. State of Chhattisgarh & Ors. passed in WPCR No. 29/2016 within 45 days from filing of petition.

Sd/­ (Rajani Dubey) Judge V/­