1 2025:CGHC:32479-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 394 of 2025 Yahya Dhebar S/o Late Zakir Bhai Dhebar Aged About 53 Years R/o Baijnath Para, Police Station City Kotwali, Raipur, District- Raipur, Chhattisgarh. Presently Residing At - Dhebar Pink City, Avanti Vihar, Police Station - Telibandha, District- Raipur, Chhattisgarh. ... Petitioner(s) versus 1 State Of Chhattisgarh Through - The Principal Secretary, Department, Of Home (Jail), Mantralaya Mahanadi Bhavan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 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, Kondagaon, Distt.- Kondagaon (C.G.) 4 Jail Superintendent Central Jail Jagdalpur, District - Jagdalpur (C.G.) 5 Superintendent Of Police Kondagaon District - Kondagaon (C.G.) ... Respondent(s) For Petitioner : Mr. Anshul Tiwari , Advocate. For Respondents/State : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.15 10:10:45 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 14.07.2025 1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Dy. G.A. appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records from respondents pertaining to petition for kind perusal of the Hon'ble Court. 10.2 That, this Hon'ble Court be pleased to quash the order/memo dated 12.06.2025 (Annexure P/1) and direct the respondents to release the petitioner on leave as applied by him in the application for Parole. 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 vide order dated 31.05.2007 in S.T. No. 329/2005 and was sentenced to undergo life imprisonment and pay fine of Rs. 1,000/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 6 months. Challenging the said order, the petitioner has preferred a criminal appeal being CRA No. 432 of 2007 before this Court. In the said appeal the petitioner herein filed an application for suspension of 3 sentence and grant of bail, which was dismissed by coordinate Bench of this Court vide order dated 04.04.2024. Thereafter, the petitioner has preferred SLP CRL No. 6473/2024 which is still pending.Therefore, the petitioner has filed an application for grant of temporary release to the Jail Superintendent, Raipur 27.05.2025, which was endorsed by Jail Superintendent and forwarded to the District Magistrate, Raipur but the same has been rejected by the respondent No. 3 vide impugned order dated 12.06.2025 summarily without following the relevant provisions of Rules 4 & 6 of the Chhattisgarh Prisoner's Leave Rules 1989 (for short, ‘Rules of 1989’) as well as Rules 6, 3, 9, 11 & 12 of the Rules of 1989, therefore, the order passed by the respondent No. 3 dated 07/08.01.2025 is liable to be set aside and the petition deserves to be allowed. He also submits that the petitioner was given four times parole during the trial and he has surrender on time. 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, Raipur (C.G.) vide order dated 12.06.2025 on the recommendation of the concerned Superintendent of Police holding that the petitioner is involved in high profile murder case and there is every possibility that if he is released on leave he may disturb the law and order situation. 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 Superintendent of Police, Raipur has expressed in his opinion that there is a possibility of happening of some untoward incident in case of release of prisoner Yahya Dhebar on ordinary leave as the victim’s family had expressed the said 4 apprehension on being releasing the petitioner on leave. Therefore, Collector- cum-District Magistrate, agreeing with the report received, in public interest, has rejected the leave application of petitioner. Further considering the fact that SLP CRL No. 6473 of 2024 is also pending. 7. In view of the above, we do not find any illegality or infirmity in the order impugned dated 12.06.2025 passed by Collector-cum-District Magistrate, Raipur (C.G.) rejecting the application for grant of leave (parole). 8. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ Saurabh