1 2025:CGHC:14452-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 170 of 2025 1 - Janakram @ Buti Kashyap S/o Gangaram Kashyap Aged About 24 Years R/o Village Ward No. 10, Khapri Tahsil Pamgarh District - Janjgir - Champa Chhattisgarh Through His Father Gangaram Kashyap S/o Sahablal Aged About 62, Years R/o Village Pamgarh District - Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department Of Home (Jail) Mahanadi Naya Raipur Mantralaya Naya Raipur (C.G.) 2 - The Jail Superintendent Central Jail Bilaspur District - Bilaspur (C.G.) 3 - The District Magistrate Janjgir Champa District - Janjgir - Champa (C.G.) 4 - The Superintendent Of Police Janjgir Champa District - Janjgir - Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rahul Goswami, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 26/03/2025 1. Heard Mr. Rahul Goswami, learned counsel for the petitioner. Also heard Mr. 2 Sangharsh Pandey, learned Govt. Advocate, appearing for the respondent/State. 2. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India seeking following reliefs:- “10.1 To call for entire records from respondents pertaining to petitioner's leave case for kind perusal of the Hon'ble High Court. 10.2 To quash impugned memo dated 15.02.2023 (Annexure P-1) and also to direct respondents to release petitioner on parole under the Chhattisgarh Prisoner's Leave Rules 1989. 10.3 To grant any others relief deemed fit and proper in facts and circumstances of the case." 3. Learned counsel for the petitioner would submit that the petitioner is presently in Central Jail Bilaspur as prisoner No.513/128. He is serving sentence of imprisonment under Section 6 of POCSO Act. The petitioner has served more than 05 years imprisonment as on 07.03.2020 and becomes eligible for the benefit of release on leave under the C.G. Prisoner’s Leave Rules. He would further submit that the application of the petitioner has been rejected by the respondent No.3 summarily without following the relevant provisions of Rule 4 & 6 of the Chhattisgarh Prisoner's Leave Rules 1989 (in short ‘the Rule, 1989’) as well as Rules 6, 9, 11 & 12 of the Rules, 1989, therefore, the order passed by respondent No.3 dated 15.02.2023 is liable to be set aside and the petition deserves to be allowed. 4. On the other hand, learned counsel for the State opposes the prayer made by the learned counsel for the petitioner and submitted that the petitioner’s application for grant of leave (parole) has been rejected by respondent No.3 vide order dated 15.03.2023 on the recommendation of the concerned Superintendent of Police holding that the petitioner has been convicted for 3 heinous offence and the family of victim has objection on his release on parole. He would also submit that the application of the petitioner has been rejected on the ground that last rituals of the mother of the petitioner has already been over on which he prayed for parole. 5. We have heard learned counsel for the parties and perused the impugned order and the documents annexed. 6. Perusal of the impugned order goes to show that the Superintendent of Police, District Janjgir-Champa has expressed opinion that the petitioner is a convict of heinous offence and there is objection from the family of victim and shown his disagreement on releasing the petitioner on parole/leave. Therefore, the respondent No.3, the District Magistrate, Bilaspur agreeing with the report has rejected the leave application of the petitioner. 7. Considering the fact that the parole application of the petitioner has been rejected by the District Magistrate on 15.03.2023 that the petitioner who wanted to get parole on the ground that his mother has died and he wanted to perform her last ritual which already was over. In view of the above, we do not find any good ground for interference in the impugned order leaving it open to the petitioner to take recourse to law, if he so wishes to be released on parole, if any further cause of action arises. 8. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.03.28 16:57:49 +0530