Bhogiram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 54 of 2020 • Bhogiram S/o Shyamlal Aged About 27 Years Convict No. 2882/10, Lodged In Raipur Central Jail, Raipur , District Raipur Chhattisgarh., ---- Petitioner (In Jail)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Home, Mantralaya , Naya Raipur , District Raipur Chhattisgarh

2. Jail Superintendent Central Jail Raipur , District Raipur Chhattisgarh.,

3. Superintendent Of Police Mahasamund, District Mahasamund Chhattisgarh

4. Collector Mahasamund , District Mahasamund Chhattisgarh

5. Thana In - Charge Police Station Basna, District Mahasamund Chhattisgarh ---- Respondents _____________________________________________________________________ For Petitioner :

Ms. Rajni Soren, Advocate.

For Respondents/State :

Mr. Mateen Siddiqui, Deputy A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27.01.2020

1. Leaned counsel appearing for the Petitioner submits that the application for grant of leave/parole has been rejected by an unreasoned order passed on 12.03.2019, which runs contrary to the principle of law by this Court laid down in the matter of Rakesh Shende v. 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 a fresh order for proposal for grant of leave on parole is underway and the same be passed within a period of 10 days from the date of presentation of certified copy of this order.

3. In view of submission made by learned counsel for the

State/Respondents, the impugned order is hereby quashed and the District Magistrate, Mahasamund is directed to consider and pass a fresh order with regard to grant of parole within a period of 10 days from the date of presentation of certified copy of this order.

4. The writ petition is allowed to the extent indicated hereinabove. Sd/- (Sanjay K. Agrawal) JUDGE Vishakha