1 2025:CGHC:37222-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 424 of 2025 Bandhan Jagte S/o Ramsagar, Aged About 30 Years R/o Village - Governdhanpur, Post - Shulshuli Police Station - Basantpur, District - Balrampur - Ramanujganj (C.G.) Applicant versus 1 - State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur (C.G.) 2 - The Collector And District Magistrate,balrampur, District - Balrampur - Ramanujganj (C.G.) 3 - The Superintendent Of Police, Balrampur, District - Balrampur - Ramanujganj (C.G.) 4 - The Station House Officer, Police Station - Basantpur, District - Balrampur - Ramanujganj (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Applicant : Mr. Amit Kumar, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. AG Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 30/07/2025 1. The present writ petition has been filed by the petitioner with the RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.07.31 10:31:16 +0530 2 following prayers: “i. That, this Hon’ble Court may kindly be pleased to set- aside the impugned order dated 07/01/2024 (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. 2. Learned counsel for the petitioner would submit that the petitioner has been convicted by the learned I Additional District & sessions Judge, Ramanujganj, District Balrampur, Chhattisgarh vide order dated 16/02/2023 in S.T. No. 86/2017 and was sentenced for life imprisonment for 10 years and to pay fine of Rs. 500/- with default stipulation. Challenging the said order, the petitioner has preferred a criminal appeal being CRA No. 1106/ 2023 before this Court. In the said appeal the petitioner herein filed an application for suspension of sentence and grant of bail, which was dismissed by coordinate Bench of this Court vide order dated 28.03.2024. Therefore, the petitioner has filed an application for grant of temporary release to the Jail Superintendent, Central Jail, Ambikapur, which was endorsed by Jail Superintendent and forwarded to the District Magistrate, Balrampur, but the same has been rejected by the respondent No. 2 vide impugned order dated 07/01/2024 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 3 No. 3 is liable to be set aside and the petition deserves to be allowed. 3. 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 (C.G.) vide order dated 07/01/2024 on the recommendation of the concerned Superintendent of Police holding that victim’s family had expressed their apprehension that the petitioner could cause harm to the life of victim on being releasing on leave. 4. We have heard learned counsel for the parties and perused the impugned order and the material available on record. 5. During the course of argument, it is informed that the appeal of the present appellant, bearing CRA no. 1106/2023 preferred against the judgment dated 16/02/2023 passed by the Additional Sessions Judge, Ramanujganj in S.T. No. 86/2017, whereby he was convicted under Sections 376, 366, 342, 34 of the IPC and he was sentenced to undergo RI for 10 years amongst other sentences, was listed yesterday before the learned Single Judge of this Court, where the Counsel for the appellant has prayed for time and on his request, the matter was directed to be posted after 8 weeks. 6. Perusal of the impugned order goes to show that Superintendent of Police, Ambikapur, District Balrampur (C.G.) has expressed in his opinion that there is a possibility of happening of some untoward incident, in case of release of prisoner Bandhan Jagte on ordinary leave as the victim’s family had expressed said apprehension on the release of the petitioner on leave. Therefore, Collector-cum-District Magistrate, agreeing with the report 4 received, in public interest, has rejected the leave application of petitioner. 7. The apprehension which has been raised by the authority concerned that if the parole application is allowed there is every likelihood that the applicant would not surrender. This Court has also noticed the fact that the prisoners are not surrendering after they are being released on parole. 8. In view of the above, we do not find any illegality or infirmity in the order impugned dated 07/01/2024 passed by Collector-cum-District Magistrate, Ambikapur, District Balrampur (C.G.) rejecting the application for grant of leave (parole). 9. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri