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Rakesh Shende vs State Of Chhattisgarh 49 Acqa/238/2010 ... on 13 March, 2018

4. Learned counsel for the petitioners would submit that petitioners are languishing in jail since 2017 and while considering their conduct in jail, the Jail Authorities have referred their application for grant of parole, but, the same has been dismissed by the Competent Authority / District Magistrate without any application of mind and only on the basis of objection raised by the Police Authorities. Whereas they have not shown any reasonable ground with regard to their apprehension. It is further submitted that sureties are ready to keep petitioners in their control and one independent witness namely; Shashi Patre has stated no objection for grant of parole to the petitioners despite that District Magistrate, Bilaspur 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 specifically 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.
Chattisgarh High Court Cites 16 - Cited by 22 - Full Document
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