Satyawan Sao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (Cr.) No.167 of 2020 Satyawan Sao S/o Shri Jageshwar Sao, Aged about-33 years, R/o Village - Tarda, Post-Kondapali, Police Station & Tahsil - Pusour, District - Raigarh (CG) ---Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur (CG)

2. The Director General of Prisons and Correctional Services Chhattisgarh, Head Quarter - Prisons and Correctional Services Chhattisgarh, Raipur (CG)

3. The Collector-cum-District Magistrate, Raigarh (CG)

4. The Superintendent of Police, Raigarh (CG)

5. The Jail Superintendent, Central Jail Bilaspur (CG) ---Respondents For Petitioner :

Mr.Rishi Rahul Soni, Advocate For Respondents :

Mr.Matin Siddiqui, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/07/2020 1.

Proceedings of this matter have been taken up through video conferencing.

2.

By way of this writ petition, the petitioner has questioned the order dated 17.1.2020 (Annexure P-1) issued by respondent No.3 by which the application filed by the petitioner for grant of leave (parole) has been rejected.

3.

Pursuant to notice issued by this Court, affidavit has been filed by the Collector, Raigarh in which in para-7 it has been stated as under:- "7. That, the Deponent is willing to pass afresh order as per the mandate issued in Writ Petition (Cr.) No.29/2016 in the

matter of "Rakesh Shende Vs. State of Chhattisgarh & Others", decided on 18.11.2016 and also the provisions contained in the Chhattisgarh Prisoners Leave Rules, 1989 within stipulated period of time."

4.

In view of affidavit filed by the Collector, Raigarh, the impugned order is set aside. The Collector, Raigarh is directed to consider the case of the petitioner afresh for grant of leave (parole) within 15 days from today.

5.

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

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