Dayal Prakash Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 462 of 2020 Dayal Prakash Yadav S/o Satyadev Prasad Yadav, Aged about 30 years, R/o Steel Nagar Camp - 1 Bhilai, P.S. chawni, District Durg, Chhattisgarh. ---Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Home Affairs (Jail) Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The District Magistrate, Durg, District Durg, Chhattisgarh.

3. The Superintendent of Police, District Durg, Chhattisgarh.

4. The Superintendent of Central Jail Durg, District Durg, Chhattisgarh.

--- Respondents For Petitioner :- Mr. Shikhar Bhaktiyar, Advocate For State :- Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 29/10/2020

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

2. By way of this writ petition, petitioner has questioned the order impugned by which his application for grant of leave on parole has been

rejected. In compliance of the order dated 07/10/2020 passed by this Court, learned District Magistrate, Durg has expressed his willingness to consider the case of the petitioner afresh in accordance with law including the decision rendered by this Court in the matter of Rakesh Shende v. State of Chhattisgarh1.

3. Heard learned counsel for the parties and perused the record.

4. Be that as it may, as per the said affidavit filed by the District Magistrate, Durg, he is directed to consider and decide petitioner's application for grant of leave on parole afresh in accordance with law including Rakesh Shende (supra) within ten days from the date of receipt of a copy of this order. The impugned order is set aside.

5. With the aforesaid direction, this writ petition stands disposed of. No cost(s).

6. A copy of this order be sent to the District Magistrate, Durg by e-mail/fax for needful and compliance.

Sd/- (Sanjay K. Agrawal) Judge Harneet 1 WPCR No. 29/2016 decided on 18/11/2016