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2025 DAILYLAW 46407 (CHH)

S. SUNIL v. THE STATE OF CHHATTISGARH

WPCR/12/2025 · 2025-01-13

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:1884-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 12 of 2025 1 - S. Sunil S/o Mariya Das, Aged About 30 Years, R/o Camp-1, Jalebi Chauk Pragati Nagar Qr.No.84E. P.S. Chavani District Durg (C.G.) ... Petitioner versus 1 - The State of Chhattisgarh Through District Magistrate Durg District Durg (C.G.) 2 - The Police Station Incharge, Police Station Chhavani Bhilai, District Durg (C.G.) 3 - The Jail Superintendent, Central Jail Durg District Durg (C.G.) ... Respondents For Petitioner : Mr. Vikas Shrivastava, Advocate. For State /Respondents : Mr. Shaleen Singh Baghel, Deputy Govt. Advocate. Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 13-01-2025 1. The present petition has been filed seeking following relief(s):- “10.1 May kindly direct to the respondent authorities to release the petitioner on parole/furlough for the period of sixty days. Digitally signed by MOHAMMAD AADIL KHAN 2 Or May kindly direct to respondent authorities to decide the application dated 04.11.2024 submitted by he petitioner before the respondent no.1 through respondent no.3 within stipulated time. 10.2 Pass such other order(s) or direction(s) as this Hon’ble Court may deem fit in the peculiar facts and circumstances of the case in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner has moved an application for his release on parole under Section 432 of the Chhattisgarh Prisoner’s Leave Rules, 1989 and made representation on 04-11-2024 through the Deputy Superintendent of Jail, Central Jail Durg before the District Magistrate, Durg and the same is still pending. He has further submitted that the conviction of the petitioner has been affirmed in CRA No.1473 of 2021 and other criminal appeals vide judgment dated 10-12-2024 decided by this Court, copy of the same has been annexed as Annexure-P/1. His earlier petition for grant of parole i.e. WPCR No.338/2024 was dismissed as withdrawn vide order dated 05-09- 2024 with liberty to file an application under Section 432 (2) of the Chhattisgarh Prisoner’s Leave Rules, 1989 before the appropriate authority, copy of the same is annexed as Annexure-P/2. Thereafter, he has moved such application before respondent No.1 which is pending. 3. In view of the submission made by learned counsel for the 3 petitioner, the present petition is disposed of with a direction to the District Magistrate, Durg, District Durg (C.G.)/Respondent No.1 to consider and decide the petitioner's application for grant of parole within a period of four weeks from the date of receipt of certified copy of this order. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil