1 2025:CGHC:46115-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 496 of 2025 Santosh Kumar Verma S/o Baldau Verma Aged About 45 Years R/o Village Jalso Bhuribhatha Ps Koni District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Principal Secretary Home Department (Jail) Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur C.G Pin- 492001 2 - The Jail Superintendent Central Jail Bilaspur Distt. Bilaspur (C.G.) 3 - The Collector And Distt. Magistrate Bilaspur District Bilaspur (C.G.) 4 - The Superintendent Of Police Bilaspur Distt. Bilaspur (C.G) ... Respondent(s) For Petitioner(s) : Mr. Vijay Shankar Mishra, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 10.09.2025 1. Heard Mr. Vijay Shankar Mishra, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.09.11 10:40:39 +0530 2 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 direct to the respondents to passed the order in favour of the petitioner and quashed the impugned order dated 03.07.2025 passed by respondent no. 3 (Annexure P/1) and directed to District Magistrate issue necessary release order granting leave / parole to the petitioner for the period applied for within a period of 15 days. 10.2 The Hon’ble Court may kindly be pleased to issue writ in the nature of mandamus to direct the respondents to consider the case of the petitioner. 10.3 That, Any other relief, which Hon'ble Court deems it fit proper, may also be provided in favour of the petitioner.” 3. Learned counsel for the petitioner would submit that the petitioner has served over 02 years 05 months in jail, exceeding the minimum period required for parole eligibility. Despite this, the petitioner remains deprived of leave, which has adversely affected his family's survival due to financial hardship. The petitioner requests release on parole, citing his prolonged imprisonment and its impact on their family. He further submits that the petitioner is entitled to annual leave but has been denied it despite meeting the eligibility criteria. The petitioner argues that the respondent's action is illegal and arbitrary, violating their fundamental rights. The release of convicts on parole is governed by the 1989 rules, which do not require the complainant's consent. The petitioner's denial of parole is 3 alleged to be a violation of Articles 14 and 21 of the Constitution of India, warranting interference from the Hon'ble High Court to meet the ends of justice. He also submits that The denial of parole is challenged based on Rule 6 of the Chhattisgarh Prisoners Leave Rules 1989, which states that leave can only be denied if public safety is at risk. The petitioner argues that there is no material to support the Superintendent of Police's opinion, and Respondent No. 3 failed to properly apply their mind, acting solely on the memo without fulfilling their statutory duty. This makes the denial illegal. Having served over 02 years and 05 months, the petitioner is eligible for parole under the rules, and their family's distress due to prolonged imprisonment further supports their case for release, therefore, the order passed by the respondent No. 3 dated 03.07.2025 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 District Magistrate Bilaspur, District - Bilaspur (C.G.) vide order dated 03.07.2025 observing that the Superintendent of Police, Bilaspur and the Station Incharge, Koni, District- Bilaspur have not recommended the general temporary release of the petitioner as in the report sent by the police station in-charge of Koni, District Bilaspur, it has been written that the prisoner Santosh Kumar Verma / petitioner herein is of criminal nature and there is a possibility of his absconding. There is a possibility of disturbance of public peace and it does not seem appropriate to release the prisoner on temporary release. On the above basis, the Senior Superintendent of Police, Bilaspur has not recommended the emergency 4 temporary release of the prisoner. The Station House Officer, Koni, District- Bilaspur, Superintendent of Police, Bilaspur, have all objected to the prisoner's temporary release, citing potential risks. Given these objections, it is apprehended that the prisoner's release on parole may lead to untoward incidents. 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 the petitioner's application for grant of leave (parole) has been rejected by the District Magistrate Bilaspur, District - Bilaspur (C.G.) vide order dated 03.07.2025 observing that the Superintendent of Police, Bilaspur and the Station Incharge, Koni, District- Bilaspur have not recommended the general temporary release of the petitioner stating that the prisoner Santosh Kumar Verma / petitioner herein is of criminal nature and there is a possibility of his absconding. There is a possibility of disturbance of public peace and it does not seem appropriate to release the prisoner on temporary release. Given these objections, it is apprehended that the prisoner's release on parole may lead to untoward incidents. In view of the same, and in accordance with Section 31(c) of the Prisoners Leave Rules 1989, it is deemed inappropriate to grant parole to the prisoner, Santosh Kumar Verma, Son of Baldau Verma, aged 45 years, resident of Village- Jalso, Bhuribhatha, Police Station- Koni, District- Bilaspur (CG), in order to maintain public order and peace. 7. In view of the above, we do not find any illegality or infirmity in the order impugned dated 03.07.2025 passed by the District Magistrate 5 Bilaspur, District - Bilaspur (C.G.) rejecting the application for grant of leave (parole). 8. Accordingly, the instant petition is liable to be and is hereby dismissed with a liberty to the petitioner to take recourse to law, if any, further cause of action arise. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet