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Showing contexts for: parole rules in Smt. Madhavi Das @ Pammi vs State Of Chhattisgarh on 10 October, 2022Matching Fragments
3. Feeling dissatisfied and aggrieved against that order, the instant writ petition has been filed.
4. Learned counsel for the petitioner would submit that petitioner is in jail since 01.2.2018 and after fulfillment of all necessary ingredients required in Prisoner's Act, 1900 and Rule 1989, she had applied for grant of leave/ parole which was dismissed by the Competent Authority without any application of mind and only on the basis of objection raised by the Police Authority. Whereas in impugned order Annexure R1, it has specifically been mentioned that sureties are ready to keep petitioner in their control and the concerned Ward Councilor has also not made any objection for grant of parole to the petitioner. It is further submitted that Superintendent (Jail), Central Jail, after finding other conditions as provided in Section 4 of the Rule, 1989, had forwarded the application filed by the petitioner alongwith his recommendation, despite that, the District Magistrate, Korba has dismissed the application without considering the object of granting parole to jail inmates and as has been observed by Supreme Court in various cases and also the observations of Coordinate Bench of this Court in the matter of Rakesh Shende v. State of Chhattisgarh & others 1, wherein it has been held that all aspects of criminal justice fall under the umbrella of Articles 14, 19 and 21 of the Constitution of India and, therefore, impugned order deserves to be set aside and the petition may be allowed.
15. Considering aforesaid facts situations, only because the objection raised by the Police, the same could not be used as a legal bar to grant leave to the petitioner, which is right created under Section 4 & 6 of the Rules, 1989, as has been stated in preceding paragraphs.
6 WPCR No. 604 of 2021Rules 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 petitioner is entitled to be released on parole as per Rules of 1989.
16. Accordingly, the District Magistrate is directed to issue necessary release order granting leave / parole to the petitioner for the period applied for as per aforesaid Act/ Rules within a period of 15 days from the date of presentation of certified copy of this order. The District Magistrate while allowing the application for grant of parole to the petitioner, may also sought security as provided in Section 4 (e) of the Rules, 1989.