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High Court Of ChhattisgarhWPCR/528/2020allowed

Vikram Singh Thakur @ Deepu v. State Of Chhattisgarh

2021-01-05Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No.528 of 2020 Vikram Singh Thakur @ Deepu S/o. Shri Malkhan Singh, Aged about 30 years, R/o Ayodhyapuri, Post-Jamnipali, Police Station-Darri, District Korba (CG) ---Petitioner

Versus

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

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

3. The Collector-cum-District Magistrate Korba (CG)

4. The Superintendent of Police, Korba (CG)

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

Mr.Rishi Rahul Soni, Advocate For Respondents :

Mr.Jitendra Pali, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 05/01/2021 1.

Heard.

2.

The petitioner's application for grant of parole has been rejected by respondent No.3 agreeing with the report of respondent No.4. 3.

Learned counsel for the petitioner would submit that neither reason has been assigned while rejecting the application nor speaking order has been passed as held by this Court in the matter of Rakesh Shende v. State of Chhattisgarh (WPCR No.29 of 2016, decided on 18.11.2016).

4.

On the other hand, learned Deputy Advocate General for the

respondents/State would submit that affidavit has been filed in which the District Magistrate, Korba has assured that the petitioner's application will be considered afresh in accordance with law. 5.

In view of the above, the impugned order is set aside. The matter is remitted to respondent No.3/District Magistrate, Korba for considering the application of the petitioner for grant of parole afresh strictly in accordance with law in the light of Rakesh Shende (supra) within 15 days from today.

6.

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

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