High Court Of ChhattisgarhWPCR/58/2020allowed

Santosh Kumar v. State Of Chhattisgarh

2020-01-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 58 of 2020 • Santosh Kumar S/o Sanwatram Aged About 34 Years Convict No. 7245/119, 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. Collector Dhamtari, District Dhamtari, Chhattisgarh

4. Additional Collector Dhamtari, District Dhamtari, Chhattisgarh.

5. Superintendent Of Police Dhamtari, District Dhamtari, Chhattisgarh. ---- Respondents _____________________________________________________________________ For Petitioner :

Ms. Rajni Soren, Advocate.

For Respondents/State :

Mr. Mateen Siddiqui, Deputy A.G.

Single Bench:Hon'ble Shri Sanjay K. Agrawal, J 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 21.05.2019, 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, Dhamtari 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. A copy of this order be sent to the District Magistrate, Dhamtari for needful compliance by E-mail/Fax.

Sd/- (Sanjay K. Agrawal) JUDGE Vishakha