High Court Of ChhattisgarhWPCR/39/2020disposed off

Sunil Mandal @ Bablu v. State Of Chhattisgarh

2020-01-21Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 39 of 2020 • Sunil Mandal @ Bablu S/o Shri Dhaneshwar Mandal Aged About 27 Years Through His Father Dhanehswar Mandal, Son Of Baldev, Aged About 52 Years, R/o Danteshwari, Ward No. 2, Jagdalpur, Police Station Kotwali, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Department Of Home (Jail) Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Jail And Correctional Services Chhattisgarh The Director General Prisoner, Jail Road, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Jail Superintendent Central Jail, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

4. State Of Chhattisgarh Through The Collector / District Magistrate, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

5. Superintendent Of Police Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents _____________________________________________________________________ For Petitioner:

: Smt. Savita Tiwari, Advocate.

For Respondents/State : Smt. Ashtha Shuka, P.L.

Single Bench:Hon'ble Shri Sanjay K. Agrawal, J Order On Board 21.01.2020

1. Leaned counsel for the Petitioner submits that the application for grant of leave/parole has been rejected by an unreasoned order passed on 21.10.2019, which runs contrary to the principle of law by this Court laid down in the matter of Santhram Sinha vs. State Of Chhattisgarh (WPCR No. 182 of 2015, decided on 07.01.2016) and Rakesh Shende vs. State Of Chhattisgarh in (WPCR No. 29 of 2016, decided on 18.11.2016) and therefore, the said impugned order deserves to be set

aside.

2. Learned State counsel submits that fresh order for proposal for grant of leave on parole is underway and the same be passed within a period of 10 days from today.

3. In view of submission made by learned counsel for the State/Respondents, the impugned order is set aside and the District Magistrate, Bastar (Jagdalpur) is directed to pass a fresh order with regard to grant of parole within a period of 10 days from today.

4. The writ petition is allowed to the extent indicated hereinabove. A copy of this order be sent to the District Magistrate, Bastar for needful compliance by E-mail/Fax.

Sd/- (Sanjay K. Agrawal) JUDGE vivek