1 2025:CGHC:18796-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 234 of 2025 Golu @ Vijay Kathle S/o Daulal Kathle Aged About 38 Years R/o Village Sanakpat, Post Sanakpat, P.S. Kukdur, Tahsil Kukdur, District Kabirdham Chhattisgarh Through His Brother Jai Kumar Kathle, S/o Daulal Kathle, Aged About 28 Years, R/o Village Sanakpat, Tahsil Pandariya, District Kabirdham Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department of Home (Jail) Mahanadi Bhavan, Mantralaya, Naya Raipur, District - Raipur Chhattisgarh 2 - The Jail Superintendent Central Jail Durg, District - Durg Chhattisgarh 3 - The District Magistrate Kabirdham, District - Kabirdham Chhattisgarh 4 - The Superintendent of Police Kabirdham, District - Kabirdham Chhattisgarh ... Respondents For Petitioner : Mr. C.R. Sahu, Advocate For Respondent/State : Mr. Sangharsh Pandey, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha,C. J. 25/04/2025 Heard Mr. C.R. Sahu, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate appearing for the respondents/State. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.04.29 10:33:37 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “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 05.03.2025 (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 other relief deemed fit and proper in facts and circumstances of the case.” 3. The petitioner's application for grant of leave (parole) was rejected by the District Magistrate, Kabirdham, District Kabirdham (C.G.) vide order dated 05.03.2025, a copy of which has been filed vide Annexure P/1, against which the petitioner has preferred the present petition for a direction to the District Magistrate, Kabirdham (C.G.) to consider the prayer of the petitioner as the petitioner is in jail since the year 2022. 4. Learned counsel for the petitioner would submit that the petitioner has been convicted for the offence under Section Sections 302, 201, 120-B, 34 of Indian Penal Code and Sections 25, 27 of Arms Act and is languishing in jail since more than three years. He would further submit that the application of the petitioner has been rejected by the office of respondent No. 3 summarily without following the relevant provisions of the Chhattisgarh Prisoner's Leave Rules 1989 (in brevity 'the Rule, 1989') and the respondents have acted arbitrarily violating Article 3 14 and 21 of the Constitution of India, therefore, the order passed by the District Magistrate dated 05.03.2025 is liable to be set aside and the petition deserves to be allowed. 5. On the other hand, learned Government Advocate would support the impugned order and oppose the prayer made by learned counsel for the petitioner. 6. We have heard learned counsel for the parties and perused the impugned order and the material available on record. 7. Since the father of the petitioner namely Daulal Kathle, who is also a co-accused along with the petitioner, has been released on parole in WPCR No.241 of 2025 vide order dated 25.04.2025 for a period of 14 days. Thus, in view of the same, we are not inclined to allow the prayer of the petitioner for release on parole, at this stage. Accordingly, said prayer is hereby rejected with liberty to the petitioner to revive the same after the surrender of his father. 8. In the result, the present petition stands disposed of with the liberty aforesaid. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu