Shankar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No.60 of 2019 Shankar Sharma S/o Ghanshyam Sharma, Convict No.6113/114, Aged about 30 years, Lodged in Raipur Central Jail, Raipur, Distt.Raipur Chhattisgarh ---- Petitioner

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, Raipur, District Raipur, Chhattisgarh

4. Collector, Raipur, Distt. Raipur (CG)

5. Additional District Magistrate, Raipur, Distt. Raipur (CG)

6. Thana In-charge, Police Station-Azad Chowk, Distt. Raipur (CG) ---- Respondents For Petitioner : Ms Rajni Soren, Advocate For Respondents : Mr.Ravi Bhagat, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 06/12/2019

1. By the impugned order, application for grant of parole filed by the petitioner has been rejected by respondent No.5, against which, this writ petition has been filed.

2. Pursuant to the notice, the District Magistrate has filed his affidavit. Return has also been filed.

3. Mr.Ravi Bhagat, learned counsel for the respondents/State, would submit that no reason has been assigned in the impugned order, therefore, the District Magistrate, Raipur would reconsider the

matter afresh within 7 days from today.

4. In view of above, the impugned order dated 20.3.2018 (Annexure P-1) passed by respondent No.5 is set aside as no reason has been assigned in rejecting the application for grant of parole and merely on the recommendation of the Superintendent of Police it has been rejected. The District Magistrate, Raipur is directed to reconsider the application of the petitioner for grant of parole afresh and dispose of the same within 7 days from today.

5. The writ petition is allowed to the extent indicated hereinabove. NO cost(s).

Certified copy today.

Sd/- (Sanjay K. Agrawal) Judge B/-