Chandrashekhar Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 637 of 2020 Chandrashekhar Bhagat S/o Jeet Ram Bhagat, Aged about 33 years, Prisoner No. 198/53 R/o Village Chadiya, District Jashpur, Chhattisgarh.

Through:

Santosh Bhagat S/o Jeet Ram Bhagat, Aged about 35 years, R/o Village Chadiya, District Jashpur, Chhattisgarh.

---Petitioner

Versus

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

2. Collector/District Magistrate Jashpur, District Jashpur, Chhattisgarh.

3. Superintendent of Police, Jashpur, District Jashpur, Chhattisgarh.

4. Jail Superintendent Central Jail Ambikapur, District Surguja, Chhattisgarh.

--- Respondents For Petitioner :- Mr. Nishikant Sinha, Advocate For State :- Mr. Ravi Bhagat, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board

04/01/2021

1. Mr. Nishikant Sinha, learned counsel for the petitioner, would submit that petitioner's application for grant of parole filed in accordance with the relevant rules was forwarded by the Jail Superintendent to the District Magistrate and he called a report from the Superintendent of Police which was submitted on 28/02/2019 but after a period of one year and ten months, the application is still pending consideration before the District Magistrate, therefore, he may be directed to decide it expeditiously.

2. Mr. Ravi Bhagat, learned State counsel, submits that petitioner's application will be decided by the District Magistrate expeditiously.

3. I have heard learned counsel for the parties, considered their submissions and went through the record.

4. Learned District Magistrate, Jashpur is directed to consider and decide petitioner's application for grant of parole within a period of 10 days from today by passing a reasoned and speaking order and also submit a report supported by an

affidavit explaining as to why he has taken two years' time in deciding the said application filed by the petitioner.

5. With the aforesaid direction, this writ petition stands disposed of. No cost(s).

6. A copy of this order be sent to the District Magistrate, Jashpur by e-mail/fax today itself for needful and compliance. A copy of this order be also sent to the Chief Secretary informing him about the time taken by the District Magistrate for deciding petitioner's application for grant of parole.

Sd/- (Sanjay K. Agrawal) Judge Harneet