1 2025:CGHC:19254-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 246 of 2025 Dhanesh Mandavi S/o Kumar Singh Mandavi Aged About 24 Years R/o Kattapara, Bakulwahi, Police Station Kukdajhor, Narayanpur, District - Narayanpur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through- The Principal Secretary, Department of Home (Jail), Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - The Jail And Correctional Services Chhattisgarh The Director General Prisoner, Jail Road, Raipur, District-Raipur (C.G.) 3 - State of Chhattisgarh Through- The Collector/district Magistrate, Narayanpur, District- Narayanpur (C.G.) 4 - Jail Superintendent Central Jail, Jagdalpur, District - Jagdalpur (C.G.) 5 - Superintendent of Police Kondagaon, District- Kondagaon (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Savita Tiwari, Advocate For State/respondent : Mr. Shaleen Singh Baghel, Deputy Government Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.04.30 11:33:30 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha, Chief Justice 29.04 .2025 1. Heard Ms. Savita Tiwari, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents. 2. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records from respondents pertaining to petitioner for kind perusal of the Hon’ble Court. 10.2 That, this Hon’ble Court be pleased to quash the order/memo dated 31-01-2025 (Annexure P-1) and direct the respondents to release the petitioner on leave as applied by him in the application for 14+2 days leave. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Learned counsel for the petitioner would submit that the petitioner has been convicted by the Additional Sessions Judge (FTSC) (POCSO Act) Kondagaon, in POCSO Case No.35/2022 vide order dated 27.10.2023, whereby he has been convicted for the offence under Section 341 IPC and under Section 6 of the 3 POCSO Act read with Section 376 (D) IPC and sentenced him to undergo SI for one month and fine of Rs. 500/-and RI for 20 years and fine of Rs.1000/- respectively with default stipulations. Challenging the said order, the petitioner has preferred a criminal appeal being CRA No.2250/2023 before this Court, which was pending consideration and the application for suspension of sentence and grant of bail has been rejected by this Court vide order dated 22.07.2024. Therefore, the petitioner has filed an application for grant of temporary release to the Jail Superintendent, Jagdalpur, which was endorsed by Jail Superintendent and forwarded to the District Magistrate, Narayanpur vide memorandum dated 14.01.2025, but the same has been rejected by the respondent No.3 vide impugned order dated 31.01.2025 summarily without following the relevant provisions of Rule 4 & 6 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 respondent No.3 dated 31.01.2025 is liable to be set aside and the petition deserves to be allowed. 4. On the other hand, learned State counsel opposes the prayer made by learned counsel for the petitioner and submitted that the petitioner's application for grant of leave (parole) has been rejected by the Collector-cum-District Magistrate, Narayanpur (C.G.) vide order dated 31.01.2025 on the recommendation of the concerned Superintendent of Police holding that the statement of 4 Sarpanch of Gram Panchayat Bakulwahi Shri Ramchand Uikey, father late Hiralal Uikey aged about 38 years, resident of Kasawahi Bakulwahi, Police Station Kukrajhor, District Narayanpur Chhattisgarh, Ward Panch Sukaman Uikey, father late Gagaru Uikey aged about 55 years, resident of Patel Bakulwahi Police Station Kukrajhor District Narayanpur, Chhattisgarh was recorded and who have expressed their consent regarding the temporary release of the prisoner. On complete investigation, it was found that no criminal case is registered against the prisoner at Police Station Kukrajhor and the proposed sureties have accepted to take the bail of the prisoner in relation to keeping the prisoner under their control during his temporary leave and admitting him to jail after the leave when he is released on temporary release. In this regard, the Gram Panchayat Bakulwahi Sarpanch Shri Ramchand Uike and Ward Panch Shri Sukaman Uike have also agreed to grant temporary leave to the prisoner, but the prisoner along with other accused has committed the heinous crime of forcefully gang-raping the minor victim, for which he has been punished by the Civil Court, and it cannot be ruled out that he may commit a serious crime again after coming out on bail. Therefore, it is not appropriate to release the petitioner on temporary leave. 5. We have heard learned counsel for the parties and perused the impugned order and the material available on record. 5 6. Perusal of the impugned order dated 31.01.2025 goes to show that though the statements of Sarpanch Ramchand Uikdey and Ward Panch Sukaman Uikey have been recorded, in which they have given their consent regarding temporary release of the prisoner, but the fact remains that the the prisoner has committed a heinous crime of gang-rape, therefore, Collector-cum-District Magistrate, Narayanpur agreeing with the report received, in public interest, has rejected the leave application of petitioner. 7. Considering the conduct of the petitioner that he has committed heinous crime of gang-rape and it cannot be ruled out that he may commit a serious crime again after coming out on temporary leave, we do not find any illegality or infirmity in the order impugned dated 31.01.2025 passed by Collector-cum-District Magistrate, Narayanpur rejecting the application for grant of leave (parole). 8. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu