Mithalesh Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 556 of 2018 • Mithalesh Patel S/o Rajendra Prasad Patel @ Rajendra Patel Aged About 33 Years R/o Chapale, Bajrang Chowk, Post- Robertson, Police Station- Kharsiya, District- Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh

2. The Director General Of Prisons And Correctional Services Chhattisgarh Head Quarter- Prisons And Correctional Services Chhattisgarh, Raipur, Chhattisgarh

3. The District Magistrate District- Raigarh, Chhattisgarh

4. The Jail Superintendent Central Jail Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Rishi Rahul Soni, Advocate For State :

Shri Manish Nigam, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2018 Heard.

1.

The petitioner's grievance is that repeated applications and reminders for grant of parole have remained undecided. Attention of this Court is brought to the provision contained under Rule 7 of the Chhattisgarh Prisoner's Leave Rules, 1989, which reads as under :

"7. The examination of request of a prisoner for leave shall be treated as urgent at all stages and orders on the request shall be communicated to the prisoner expeditiously as far as possible."

2.

In view of the aforesaid provision, it is obligatory on the part of the authority to decide such application of prisoners as early as possible.

3.

Considering the period for which the application has remained undecided, respondent No.3 is directed to decide the application within a period of 30 days from the date of receipt of copy of this order.

4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti