Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26029-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 333 of 2025 Sanjeet Kumar S/o Bhotram Aged About 32 Years R/o Village Karsondha, Parsatoli, Police Station- Kusmi, District Balrampur- Ramanujganj, Chhattisgarh.
... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 The Collector And District Magistrate Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 3 The Superintendent Of Police Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 4 The Station House Officer Police Station- Kusmi, District Balrampur- Ramanujganj, Chhattisgarh.
... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.20 17:44:04 +0530
2 For Petitioner : Mr. Amit Kumar , Advocate. For Respondents/State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
20.06.2025
1. Heard Mr. Amit Kumar, 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. That this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 09.02.2022 (Annexure P/1) and further be pleased to direct the authorities to release the petitioner on parole, in accordance with law. ii. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”
3.
Learned counsel for the petitioner would submit that the petitioner
3 has been convicted by the learned Additional Sessions Judge Ramanujganj, C.G. vide order dated 18.02.2016 in S.T No.396/2012 and was sentenced to undergo life imprisonment. Challenging the said
order, the petitioner has preferred a criminal appeal being CRA No.605 of 2016 before this Court. The said appeal was dismissed by co- ordinate bench of this court on 10.08.2018. Therefore, the petitioner has filed an application for grant of temporary release to the Jail Superintendent, Balrampur, which was endorsed by Jail Superintendent and forwarded to the District Magistrate, Balrampur, but the same has been rejected by the respondent No. 3 vide impugned order dated 09.02.2022 only on the basis of objection made by the police station Kourandha, District Balrampur.
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, Balrampur on 09.02.2022 by assigning sufficient and cogent reasons and the petitioner has approached this court after considerable delay of more than 2 years.
5. We have heard learned counsel for the parties and perused the impugned order and the material available on record.
6. Perusal of the impugned order goes to show that District Magistrate, Balrampur has rejected the application of the petitioner on 09.02.2022 and the petitioner has approached this court for parole in the year 2025, which is after delay of more than 2 years and the
4 petitioner do not have plausible reason to explain the delay.
7. In view of the above, learned counsel for the petitioner is directed to file a fresh application for release of petitioner on parole before the concerned authority within a period of 2 weeks and the concerned authority is directed to consider the same afresh, in accordance with law and on its own merits.
8. With the aforesaid observation, the present WPCR is disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ Saurabh