High Court Of ChhattisgarhWPCR/1167/2019allowed

Loknath Verma @ Lala v. State Of Chhattisgarh

2019-12-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr) No.1167 of 2019 Loknath Verma @ Lala S/o Kunjbihari Verma, aged about 29 years, R/o village Parsapali, Police Station Kasdol, District Baloda Bazar - Bhatapara (CG), through his father-in-law Laharam S/o Basant, aged about 57 years, R/o Village & Post Gadhidih, Tahsil Palari, District Baloda Bazar - Bhatapara (CG) ---- Petitioner

Versus

1. State of Chhattisgarh Through the Principal Secretary, Home/Jail, Department of Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District Raipur (CG)

2. Jail Superintendent, Central Jail, Raipur, District Raipur (CG)

3. District Magistrate, Baloda Bazar, District Baloda Bazar - Bhatapara (CG) ---- Respondents For Petitioner :

Mr.T.K.Jha, Advocate For Respondents :

Mr.Matin Siddiqui, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/12/2019

1. The petitioner's application for leave under Chhattisgarh Prisoner's Leave Rules, 1989 has been rejected by Additional District Magistrate, Baloda Bazar-Bhatapara on 7.1.2017 (Annexure P/1) and 12.10.2018 (Annexure P/4), against which, this writ petition has been filed stating inter-alia that leave application has been declined on wholly impermissible and untenable ground.

2. Mr.Matin Siddiqui, learned Deputy Advocate General for the respondents/State, on instructions, would submit that the District Magistrate/Additional District Magistrate, Baloda Bazar-Bhatapara would reconsider

the case of the petitioner for grant of leave in the light of judgment of this Court in WP (Cr) No.29 of 2016 (Rakesh Shende v. State of Chhattisgarh and others), decided on 18.11.2016 in accordance with law within 15 days from today.

3. In view of above, the impugned orders dated 7.1.2017 (Annexure P/1) and 12.10.2018 (Annexure P/4) passed by the Additional District Magistrate, Baloda BazarBhatapara are set aside. The liberty is reserved in favour of the District Magistrate/Additional District Magistrate, Baloda Bazar-Bhatapara to consider the case of the petitioner afresh within 15 days from today.

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

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