Mitlal @ Mitwa Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No.453 of 2020 • Mitlal @ Mitwa Yadav, S/o Pardeshi Yadav, Aged About 32 Years, Through His Tirith Ram Yadav, S/o Pardeshi Yadav, aged about 35 years, R/o Village Amali, Police Station Kota, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through The Principal Secretary, Department of Home (Jail), Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. The Jail and Correctional Services Chattisgarh, The Director General Prisoner, Jail Road, Raipur, District Raipur, Chhattisgarh

3. Jail Superintendent, Central Jail, Bilaspur, District Bilaspur, Chhattisgarh

4. State Of Chhattisgarh, Through The Collector/District Magistrate, Bilaspur, District Bilaspur, Chhattisgarh

5. Superintendent of Police, Bilaspur, DistrictBilaspur, Chhattisgarh ---- Respondents For Petitioner Mr. R. K. Dubey, Advocate For Respondent-State Mr. Animesh Tiwari, Dy. AG Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 19/02/2021

1.

The petitioner's application for grant of leave on parole has not been forwarded by the Jail Superintendent, Bilaspur citing reason that he has been convicted on 29.02.2020 for the offenc punishable under Sections 376 & 506 of IPC by the Additional Session Judge (FTC), Special Court, Bilaspur (C.G.) in ST No.38/2018 but has not completed the period of one year of sentence, therefore, his application has not been considered and rejected on 07.09.2020.

2.

After hearing learned counsel for the parties and in view of the Rule 4(a) of the Prisoners Act, 1900, the order passed by the learned Jail Superintendent, Bilaspur is justified. However, the petitioner would be at liberty to avail the remedy, in accordance with law.

3.

With the aforesaid observation, the writ petition stands disposed off.

Sd/- Sanjay K. Agrawal Judge Nirala