Vijay Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Criminal) No. 597 of 2020 • Vijay Kumar S/o Bishat Aged About 52 Years R/o Village Gadadih, Thana Bori, District Durg, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Home Affairs (Jail), Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh.

2. The Jail And Correctional Services The Director, General Prisons, District Raipur Chhattisgarh.

3. District Magistrate Durg, District Durg, Chhattisgarh.

4. The Jail Superintendent Durg District Durg Chhattisgarh.

5. Superintendent Of Police Durg, District Durg, Chhattisgarh ---Respondents For Petitioner : Shri Mahendra Dubey, Advocate For Respondents : Shri Ravi Bhagat, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01.12.2020.

1.

This petition has been filed against impugned order dated 01.3.2019 passed by District Magistrate, Durg, by which application of the petitioner for grant of parole has been rejected. 2.

Learned counsel for the petitioner at the outset submits that the impugned order was passed way back on 01.3.2019, i.e. more than one year has been passed from the date of the order of rejection, therefore, the District Magistrate Durg may be directed to consider the fresh application of the petitioner for grant of parole 3.

Learned counsel for the State supports impugned order. 4.

Taking into consideration the statement of learned counsel for the

petitioner and also the facts and circumstances of the case, the impugned order dated 01.3.2019 is hereby set aside and the District Magistrate, Durg is directed to consider and decide the application of the petitioner for grant of parole afresh within 15 days from the date of receipt of a copy of this order, in accordance with law. 5.

With the aforesaid observations/ directions, the writ petition stands disposed off.

Sd/- (Sanjay K. Agrawal) JUDGE Bini