1 2025:CGHC:35388-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 413 of 2025 Pramod Kumar Jha S/o Anant Jha Aged About 64 Years R/o Village Paradise Colony Mopka, Post Mopka Police Station Sarkanda, District Bilaspur Chhattisgarh. Through His Son- Sumit Kumar Jha, /o Pramod Kumar Jha Aged About 35 Years, R/o Village Paradise Colony Mopka, Post Mopka, Police Station Sarkanda, District Bilaspur C.G. --- Petitioner versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Department Of Home (Jail) Mahanadi Naya Raipur, Mantralaya, Naya Raipur C.G. 2 - The Jail Superintendent Central Jail Bilaspur, District Bilaspur C.G. 3 - The District Magistrate, Bilaspur, District Bilaspur C.G. 4 - The Superintendent Of Police Bilaspur, District Bilaspur C.G. --- Respondent(s) For Petitioner(s) : Mr. Akshat Tripathi and Mr. Shikhar Agnihotri, Advocates. For Respondent(s) : Mr. S.S.Baghel, Deputy Government Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 23/07/2025 1 Heard Mr. Akshat Tiwari and Mr. Shikhar Agnihotri, learned counsel for the writ petitioner as well as Mr. S.S.Baghel, learned Deputy Government Advocate for the State/respondent. 2 2 By way of this petition filed under Article 226 of the Constitution of India, the writ petitioner seeks for the following relief(s): “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 22.04.2025 (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 It is submitted by Mr. Akshat Tripathi, learned counsel for the writ petitioner that the petitioner is presently confined in Central Jail, Bilaspur as Prisoner No. 1522/134 and serving rigorous imprisonment for 20 years as he has been convicted by the learned 1st FTSC (POCSO)/ Additional Sessions Judge, Bilaspur, in Special Sessions Trial No. 302/2021 vide judgment dated 25.04.2023, for the offences punishable under Sections 506-II IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. He has served more than 3 years and 7 months of incarceration and is eligible to be granted the benefit of release on leave under the Chhattisgarh Prisoner’s Leave Rules. The petitioner had preferred an application for grant of leave to the Jail Superintendent which was forwarded to the District Magistrate, however, the learned District Magistrate has denied to grant leave to the petitioner despite the fact that there is no eminent danger to the public safety. This opinion has been formed by the District Magistrate only on the basis of unsubstantiated opinion expressed by the Superintendent of Police concerned. Hence, he prays that this petition may be allowed and the petitioner may be released on parole. 3 4 On the other hand, Mr. Baghel, learned counsel for the State submits that the order passed by the learned District Magistrate is just and proper warranting no interference and prays for dismissal of this petition. 5 We have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 6 Today, the an appeal being Cr.A. No. 1261/2023, challenging the judgment dated 25.04.2023 is also listed for final hearing and pursuant to the said judgment of conviction and order of sentence, the writ petitioner herein is languishing in jail and as such, we proceed to hear the said appeal also today itself. 7 After hearing the parties in Cr.A. NO. 1261/2023 at length, this Court found the judgment passed by the learned trial Court to be erroneous and as such, the petitioner, who is the appellant in the said appeal, has been acquitted of the charges and directed to be released from jail forthwith, if not required in any other case. 8 This writ petition, seeking release of the writ petitioner on parole, has been rendered infructuous as the purpose of filing this petition has been served and the petitioner would be released from jail. 9 Resultantly, this petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.07.26 14:44:22 +0530