Chattisgarh High Court
Smt. Meera Samdaria vs State Of Chhattisgarh on 12 October, 2022
1
WPCR No. 767 of 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 767 of 2022
Smt. Meera Samdaria W/o Late Dr. N. K. Samdaria Aged About 77 Years
R/o Old Bus Stand, Near Shiv Taklies Road Bilaspur Chhattisgarh Pin
495001.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Department Of Home, Mahanadi Bhawan,
Atal Nagar, Naya Raipur, Dist: Raipur Chhattisgarh Pin 492002.
2. The District Magistrate, Bilaspur Chhattisgarh Pin 495001
3. The Jail Superintendent, Central Jail, Bilaspur Pin 495001
4. Mr. Kaustabh Samdaria S/o Late N. K. Samdaria Aged About 45 Years R/o
Old Bus Stand, Near Shiv Talkies, Bilaspur Chhattisgarh Pin 495001
---- Respondents
For Petitioner :- Mr. Praveen Das, Advocate
For State/Respondents No.1 to 3 :- Mr. Ashish Gupta, PL
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
12.10.2022
1. Heard.
2. Learned counsel for the petitioner submits that petitioner is mother of respondent No.4 Kaustabh Samdaria and he has been convicted for the offence under Section 302 of the I.P.C. and sentenced for life imprisonment vide judgment dated 30.4.2012 passed by Sessions Judge, Bilaspur in ST No.149/2010. It is further submitted that petitioner's son Kaustabh Samdaria is in jail for more than 10 years despite that jail authorities are not permitting him to file application for grant of leave/ parole, therefore, this petition may be disposed of directing respondent / authorities to allow detainee / respondent No.4 to file application for grant of leave / parole as per provisions of Prisoner's Act, 1900 and the Chhattisgarh Prisoner's Leave Rule 1989.
2 WPCR No. 767 of 20223. Learned State counsel would submit that he has no objection in allowing the aforesaid limited prayer made by learned counsel for the petitioner.
4. This petition has been filed by mother of detainee / respondent No.4 Kaustabh Samdaria mentioning therein that she is suffering from disability of 80% and requires surgery, therefore, her son (respondent No.4) may be granted parole / leave under aforesaid circumstance.
5. Petitioner has also filed memo dated 16.8.2022 of the Jail Superintendent, Central Jail, Bilaspur wherein it has been mentioned that there is no provision in jail manual for grant of parole for the reasons mentioned by the petitioner. This memo has been sent by the Superintendent (Jail) to District Magistrate, Bilaspur.
6. In the case of Rakesh Shende V/s State of C.G. & others passed by the coordinate Bench of this Court in WPCR No.29/2016 vide order dated 18- 11-2016 has held that "all aspects of criminal justice including parole fall under the umbrella of Article 14, 19, 21 of the Constitution of India". Therefore, if convict is entitle for grant of leave/parole as per the Prisoner's Act, 1900 and C.G. Prisoners Leave Rules, 1989 then the convict should be permitted to apply for the same and his application be considered and disposed of in accordance with law and rules.
7. In the instant case, it has been submitted by learned counsel for the petitioner that the petitioner is not being permitted to file application for grant of leave/parole, which is not in accordance with law, therefore, it is directed to the respondent authorities to allow the respondent No.4 to submit application for his temporary release/parole and process the same. It is further directed that after filing of aforesaid application by the detainee / respondent No.4, it be considered and decided by the appropriate authorities in accordance with the Prisoners Act, 1900 and C.G. Prisoners Leave Rules, 1989 along with the Prisoners (C.G. amendment) Act, 2021. It is further directed that the aforesaid process be completed by the respondent authorities within 45 days from filing of application by the detainee/ respondent No.4.
8. In view of above direction, the present petition is disposed of finally.
Sd/-
(N.K. Chandravanshi) Judge Ayushi