1 2025:CGHC:11360-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 132 of 2025 Wasim Bhathi S/o Najiruddin Aged About 34 Years Convict No. 6435 /26, Lodged In Raipur Central Jail, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department of Home, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2. Jail Superintendent Central Jail, Raipur, District Raipur Chhattisgarh. 3. District Magistrate Mahasamund, District Mahasamund Chhattisgarh. 4. Superintendent of Police Mahasamund, District Mahasamund Chhattisgarh. 5. Thana In-Charge Police Station Tumgaon, District Mahasamund Chhattisgarh. ...Respondent(s) For Petitioner : Ms. Rajni Soren, Advocate. For Respondents/State : Mr. Sangharsh Pandey, Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.07 19:09:14 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.03.2025 1. Heard Ms. Rajni Soren, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(i) Issue a writ of certiorari and set aside order dated 09.12.2024 (Annexure P/1) passed by the District Magistrate, Mahasamund. (ii) Issue a writ of mandamus directing respondents to release the petitioner for 16 days in accordance with Chhattisgarh Prisoner’s Leave Rules, 1989; (iii) Pass any other order the Hon’ble Court may deem fit in the interest of justice.” 3. The petitioner's application for grant of leave (parole) has been rejected by the Collector-cum-District Magistrate, Mahasamund, District Mahasamund (C.G.) vide order dated 09.12.2024 on the recommendation of the concerned Superintendent of Police holding that the petitioner’s release is likely to lead quarrel and dispute by the petitioner on the ground 3 that the victim’s family had expressed their apprehension that the petitioner could cause harm to life and property. 4. Learned counsel for the petitioner would submit that the petitioner has been convicted for the offences punishable under Sections 363, 366, 506/II read with Section 34 of the Indian Penal Code (IPC) and Section 6 of the POCSO Act, vide judgment dated 19.02.2021 passed by the learned Special Judge (POCSO Act), 2012, Mahasamund and the petitioner is languishing in jail since 01.05.2019. She would further submit that the application of the petitioner has been rejected by the ofÏce of respondent No. 3 summarily without following the relevant provisions of Rule 4 of the Chhattisgarh Prisoner's Leave Rules 1989 (in brevity 'the Rule, 1989') as well as Rules 6, 9 11 & 12 of the Rules, 1989, therefore, the order passed by the District Magistrate dated 09.12.2024 is liable to be set aside and the petition deserves to be allowed. 5. On the other hand, learned State counsel supports the impugned order and opposes the prayer made by the learned counsel for the petitioner. He further submits that criminal appeal bearing CRA No. 359 of 2021 filed on behalf of the petitioner had already been dismissed by this Court vide order dated 11.09.2024. 6. We have heard learned counsel for the parties and perused the impugned order and the material available on record. 7. From perusal of the impugned order shows that the District Magistrate, Mahasamund was swaying with the opinion of the concerned Superintendent of Police that if the petitioner is released on parole, there is likelihood that he would commit cognizable offence, hence he rejected 4 the application of the petitioner. 8. Recently, in the matter of Shor v. State of UP decided on 05/08/2020 in WP(Cr.) No. 58/2020, the Hon’ble Supreme Court has granted the benefit of parole to those whose application was rejected on the ground that the crime is heinous and release of such a person would send a negative message against the justice system in the society. “... Merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society are factors de hors Section 2 of the United Provinces Prisoners Release on Prohibition Act, 1938. Conduct in prison has not been referred to at all and the Senior Superintendent of Police and the District Magistrate confirming that the prisoner is not “incapacitated” from committing the crime is not tantamount to stating that he is likely to abstain from crime and lead a peaceable life is released from prison…” 9. In the present case also merely on the basis of the vague report of the concerned Superintendent of Police, without considering the relevant rules, the District Magistrate has rejected the application of the petitioner. In view of the above matter and in view of the decision of the Hon’ble Supreme Court passed in Shor (supra), the impugned order passed by the District Magistrate, Mahasamund (Annexure P/1) is hereby set aside and the petitioner is directed to be released on parole. 5 10. Accordingly, the present petition is allowed and the Collector-cum- District Magistrate, Mahasamund (C.G.) is directed to verify the surety submitted by the petitioner and issue necessary release order granting leave/parole to the petitioner for 14 days and the petitioner shall surrender before the concerned jail authority on completion of 14 days, at 11.00 a.m. positively. The District Magistrate, while allowing the application for grant of parole to the petitioner, may also seek surety of one family member of the petitioner as provided in Section 4(e) of the Rules, 1989 and may direct the petitioner to mark his presence before the District Magistrate, Mahasamund (C.G.) on each day during that period. 11. In the result, the present petition stands allowed with the above observations/directions. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan