Belwanti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 627 of 2020 • Belwanti W/o Late Sarju Aged About 37 Years Prisoner Number - 76/04 R/o Village Batwahi Khutrapara Ambikapur Police Station Ambikapur District Surguja Chhattisgarh.

Through - Rampati Ravi S/o Jhaleyaram Aged 40 Years, R/o Village Kothli Police Station Shankargarh District Balrampur Ramanujganj Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home Department, Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh.

2. Collector / District Magistrate Surguja, Ambikapur District Surguja Chhattisgarh.

3. Superintendent of Police, Surguja Ambikapur District Surguja Chhattisgarh.

4. Jail Superintendent Central Jail Ambikapur District Surguja Chhattisgarh.

---- Respondents For Petitioner :- Mr. Shakti Raj Sinha, Advocate. For State/Respondent :- Mr. Ravi Bhagat, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/12/2020

1. Heard.

2. Mr. Nishi Kant Sinha, learned counsel for the petitioner, would submit that though the petitioner is languishing in jail for the last 23 years, but she has not been allowed to avail the benefit of grant of leave on parole as she is not able to furnish two sureties in support of her application as required.

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

4. Be that as it may, petitioner is at liberty to file an application for grant of leave on parole and the concerned District Magistrate is directed to consider and decide the application in accordance with law even if petitioner is unable to furnish two sureties. Since, the petitioner has been languishing in jail for the last 23 years, her application will be decided by the

concerned District Magistrate within ten days from the date of filing of the said application.

5. With the aforesaid direction, the instant writ petition stand disposed of.

6. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Ankit