Smt. Ranjeeta Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No. 414 of 2020 Smt. Ranjeeta Pandey, Wd/o Late Chandrasen Pandey, aged 58 years, Prisoner No. 43/61, R/o Kunjnagar, Bhattapara, District Surajpur (C.G.) Through :

Raju Kumar Mishra, S/o Suban Lal Mishra aged 32 years, R/o Village Songara, P.S. Khadgawa, Tehsil Pratappur, District Surajpur (C.G.) (In Jail) ---- Petitioner

Versus

1.

State of Chhattisgarh through the Secretary, Home Department, Mantralaya Mahanadi Bhawan, New Raipur (C.G.) 2.

Collector / District Magistrate, Surajpur, District Surajpur (C.G.) 3.

Superintendent of Police, Surajpur, District Surajpur (C.G.) 4.

Jail Superintendent, Central Jail Ambikapur, District Surguja (C.G.) ----Respondents For Applicant : Mr. Nishi Kant Sinha, Advocate. For Respondents/State : Ms. Veena Nair, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/10/2020 (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 17.8.2020 (Annexure P-1) issued by respondent No. 2 by which the application filed by the petitioner for grant of leave (parole) has been rejected finding no merit. (3) Pursuant to the order dated 18.9.2020 & 24.09.2020 passed by this Court,

affidavit has been filed by the Collector, Surajpur in which in paragraph 6 it has been held 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, Surajpur, the impugned order dated 17.08.2020 is set aside. The Collector, Surajpur 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 D/-