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Showing contexts for: parole rules in Kamar Ali Meman @ Cheena vs State Of Chhattisgarh on 14 October, 2022Matching Fragments
2. The petitioners have been convicted for offence under Section 302/ 34 of the Indian Penal Code vide order dated 23.12.2019 passed by Second Additional Sessions Judge, Bilaspur in Sessions trial No.12/2018 and applicant No.1 is languishing in jail since 29.9.2017 and applicant No.2. is languishing in jail since 20.12.2017. After fulfillment of necessary criteria for grant of temporary leave / parole under Rule 4 and 6 of the Chhattisgarh Prisoner's Leave Rule 1989 (henceforth 'Rule 1989') petitioners made an application for grant of leave / parole. On the said application, after receiving report from the Superintendent of Police, Bilaspur wherein negative opinion has been given for grant of parole to the petitioners, on the ground that in such situation, they may abscond and cause breach of public peace, vide aforesaid order the District Magistrate, Bilaspur reiterating the same objections dismissed the application filed by the petitioners. Family members of the deceased have also raised objection for granting parole to the petitioners under the impression that may be threatened by them.
15. Considering aforesaid facts situations, only because the objection raised by the family members of the deceased and the Police authorities that too without any appropriate ground, the same could not be used as a absolute barrier to grant leave to the petitioners, which is right created under Section 4 & 6 of the Rules, 1989, as has been stated in preceding paragraphs. Rules of 1989 have been enacted with certain object, therefore, application for grant of parole should be considered bearing in mind to those objects. Rejection of such application on any of the ground, which is not reasonable, the object of framing aforesaid Rule would be frustrated. Therefore, in the facts of the case, the petitioners are entitled to be released on parole as per Rules of 1989.