Smt. Priyanka Shrama Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr) No.247 of 2016 Smt.Priyanka Shrama Jaiswal W/o Jai Jaiswal, aged about 29 years, R/o In front of Government Multipurpose Higher Secondary School, Dayalband, P.S. City Kotwali, Bilaspur, District Bilaspur (CG) ---- Petitioner

Versus

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

2. Director General Jail, Raipur District Raipur (CG)

3. Jail Superintendent Central Jail Bilaspur, District Bilaspur (CG)

4. Additional Collector Bilaspur, District Bilaspur (CG) ---Respondents For petitioner :

Mr.S.R.Sinha, Advocate For State :

Mr.Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 19/04/2017 Heard.

1. The petitioner's husband Jai @ Gudda Jaiswal is convicted person and he is languishing in jail and required to undergo surgery of right hand.

2. Learned counsel for the petitioner would submit that the petitioner filed an application for grant of leave of her husband Jai @ Gudda Jaiswal in terms of Section 31-A of the Prisoners (Chhattisgarh Amendment) Act, 1985 (hereinafter called as "Act of 1985"). Her application has been rejected on the ground that her husband has availed 10 days temporary leave. He would further submit that for calender year 2017 petitioner's husband is entitled for leave for treatment of surgery of his right hand.

3. Be that as it may, the District Magistrate, Bilaspur is directed to consider the case of the petitioner's husband for grant of leave for

calender year 2107 in terms of Section 31-A of the Act of 1985 within a period of thirty days from the date of production of copy of this order.

4. With the aforesaid observation, the writ petition finally stands disposed of. No order as to cost(s).

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