1 2025:CGHC:11338-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 131 of 2025 Ramesh Mahanand S/o Late Shri Kalaram Mahanand Aged About 45 Years Convict No. 7915/37, Lodged In Raipur Central Jail, Raipur, Distt.- Raipur (C.G.) ... 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 (C.G.) 3. District Magistrate Raipur, District- Raipur (C.G.) 4. Superintendent of Police District- Raipur (C.G.) 5. Thana In-Charge Police Station - Mowa, District - Raipur (C.G.) ...Respondent(s) For Petitioner : Ms. Rajni Soren, Advocate. For Respondents/State : Mr. S.S. Baghel, Deputy Government Advocate. 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. S.S. Baghel, learned Deputy Government Advocate, appearing for the respondents/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.07 17:12:39 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “i. Issue a writ of mandamus directing the respondents to grant emergency leave of 15 days to the petitioner as per Rule 15 of the Chhattisgarh Prisoner’s Leave Rule, 1989; ii. Pass any other order the Hon’ble Court may deem fit in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner is a convict lodged in Raipur Central Jail. He was convicted under Section 376(2)(g) of the Indian Penal Code (IPC) and sentenced to undergo 10 years rigorous imprisonment. He has spent more than 02 years in imprisonment. She also submits that the petitioner filed criminal appeal bearing CRA No. 75 of 2002 challenging his conviction before this Court, which was dismissed by way of order dated 26.06.2023. The petitioner has been granted regular parole earlier. 4. It is further submitted by the learned counsel for the petitioner that petitioner’s daughter, namely, Arpita Mahanand is getting married. The marriage ceremony is to take place from 09.03.2025 to 11.03.2025. She further contended that the petitioner’s family submitted application dated 24.02.2025 to the Jail Superintendent and requested for grant of emergency leave. The petitioner also submitted the No Objection Certificate issued by President, Zone No. 3, Municipal Corporation, Raipur, however, the application for emergency leave has not been considered by the Jail Superintendent, who is the authority to decide the application for emergency leave under Rule 15 of the Chhattisgarh Prisoner’s Leave, 1989 (for short, ‘Rules of 1989’). Being aggrieved, the 3 petitioner has filed the present petition. 5. On the other hand, learned State counsel opposes the prayer made by the learned counsel for the petitioner and submits that earlier also petitioner has moved applications on two occasions i.e. on 22.01.2025 and 07.02.2025 to attend the marriage function of his daughter, but the same was rejected in view of the Rule 15(g) of the Rules of 1989, as one case under Section 22(B) of the NDPS Act of the year 2023 has been pending against the petitioner. The Rule 15(g) of the Rules of 1989, reads as under: “15. Authority competent to sanction emergency leave. xxx xxx xxx 15(g) Pending cases.- No prisoner who has another case pending on trial shall be granted emergency leave.” 6. We have heard learned counsel for the parties and perused the prayers and pleadings made in the writ petition along with the annexures annexed in this case. 7. Considering the facts and circumstances of the case, particularly the fact that earlier also on two occasions, the petitioner moved applications for emergency leave before the concerned Jail Superintendent and the same were rejected; thereafter, the fact that third time also the application filed by the petitioner on 24.02.2025 to the Jail Superintendent, requesting for grant of emergency leave annexing the marriage card of his daughter in which the date of marriage mentioned as 11.03.2025, has not been considered, the concerned Jail Superintendent is directed to verify the fact that the marriage of the daughter of the 4 petitioner is going to be solemnized on 11.03.2025 or not and if the same is found to be correct, then the petitioner shall be taken in Police custody for attending the marriage function of his daughter which is scheduled to be held on 11.03.2025, with adequate Police Force. The Jail Superientendent of Central Jail, Raipur is directed to make all the necessary arrangement with the help of Superintendent of Police, Raipur to take the petitioner from jail on 10.03.2025 at 10.00 a.m. to attend the said marriage function in Police custody. The petitioner shall be brought back to jail on 12.03.2025 at 4.00 p.m. The Superintendent of Police, Raipur shall ensure that the petitioner is not allowed to go anywhere except the place where his daughter’s marriage is being performed. 8. With the aforesaid observations/directions, the present petition is disposed off. 9. A certified copy of this order be sent to the Jail Superintendent Central Jail, Raipur and Superintendent of Police, Raipur, through Mr. S.S. Baghel, learned Deputy Government Advocate for information and necessary action forthwith today itself. 10. The Superintendent of Police, Raipur shall send a report to this Court about the fact that the petitioner has been confined in jail after his return from his daughter’s marriage on 12.03.2025 as well as to the Registrar (General) of this Court, who shall keep the said information on record. 11. C.C. today. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan