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2025 DAILYLAW 49491 (CHH)

ANWAR DHEBAR v. STATE OF CHHATTISGARH

CRMP/3471/2025 · 2025-11-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:55679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3471 of 2025 1 - Anwar Dhebar S/o Late Haji Zikar Dhebar Aged About 51 Years R/o Dhebar House, Pension Bada, Raipur, Chhattisgarh- 492001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Investigating Officer, Economic Offence Wing/ Anti-Corruption Bureau Chhattisgarh, Head Quarter At Telibandha, In Front Of Jai Jawan Petrol Pump, Raipur, Chhattisgarh 492001 ... Respondent(s) For Petitioner(s) : Shri Avi Singh, Sr. Advocate through VC assisted by Shri Hasrshwardhan Parganiha, Shri Mayank Jain, Shri Madhur Jain, Shri Arpit Goel, Shri Harshit Sharma, Ms. Manubha Shankar, & Ms. Mizba Dhebar Advocates For Respondent/State : Dr. Saurabh Pande, Dy.AG (Hon’ble Shri Arvind Kumar Verma) Order on Board 14/11/2025 The present petition has been preferred by the petitioner under 2 Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter “BNSS”) invoking the inherent jurisdiction of this Court to seek grant of parole in the wake of the unfortunate demise of his mother Late Hajani Khatunisha Dhebar who passed away after a prolonged and painful illness. 2. Facts, brief, are that on a previous occasion, taking due note of the precarious health condition of the petitioner’s mother, this Court vide order dated 13.10.2025 passed in Cr.M.P. No. 3114 of 2025, was pleased to grant parole to the petitioner for a period of seven (07) days ie. till 21.10.2025. Thereafter, as her condition deteriorated further, this Court vide order dated 10.11.2025 passed in Cr.M.P. No. 3396 of 2025, was pleased to extend parole for another spell of seven (07) days ie. till 5.00 pm on 17.11.2025. Pursuant thereto, the petitioner was released from the Central Jail, Raipur in the morning of 11.11.2025. 3. Unfortunately, in a tragic turn of events, mother of the petitioner expired on the evening of 10.11.2025, prior to the petitioner's release. The petitioner now seeks further extension of parole for a further period of 6 weeks’ to enable him to perform the post funeral rites and obligations in accordance with the family and community customs and to be with his bereaved family members during this irreparable period of loss. 4. Learned Sr. counsel for the petitioner contended that deceased Late Mrs. Hajani Khatunisha Dhebar, being a devout Muslim, the period 3 of mourning as per customary religious practice extends for 40 days , during which members of the family partake in daily prayers and commemorative gatherings culminating in a final prayer service. The petitioner’s presence during this time is indispensable, as he is expected to perform the traditional duties as a son and participate in religious observances. 5. It is further submitted that the order passed by the Apex Court on 11.11.2025 in I.A. No. 287734 of2025 in Criminal Appeal No. 4805 of 2024 whereby interim bail for a period of four weeks was granted to his brother Yahya Dhebar to enable him to attend the funeral and related rituals. He has also placed his reliance on the fact that during the earlier paroles periods granted by this Court, he abided by all terms and conditions, surrendered promptly upon expiry of parole and did not misuse the liberty extended to him. No apprehension has been shown of any misuse of liberty or interference with ongoing proceedings if the petitioner is temporarily released. 6. Dr. Saurabh Pande, learned counsel for the respondent/State does not dispute the subsequent demise of the petitioner’s mother and has not raised any serious objection to the extension of parole considering the exigency pleaded. However,it is submitted that the petitioner may be extended parole for a limited period of 3 weeks and not for 6 six as prayed for. 7. Considering the submissions made, the humanitarian 4 circumstances surrounding the petitioner and the compassionate grounds arising out of the demise of his mother, this Court finds it expedient and in the interest of justice, equity and humanity to allow the petitioner limited liberty to attend and participate in post funeral rituals and to be with his grieving family members. 8. Accordingly, the petitioner is directed to be extended parole for a further period of three (03) weeks purely on humanitarian considerations, pursuant to the earlier order dated 10.11.2025. In view of the subsequent demise of his mother and the compassionate grounds now arising, the said period of parole already granted shall stand extended for additional period of three weeks from 05.00 pm on 17.11.2025 subject to the condition that the respondent shall provide adequate escort and security arrangement at their own cost. However, it is directed that the petitioner shall report back to the prison on 8th December 2025 on or before 5.00 p.m. 9. The release shall be under adequate escort as directed. The petitioner shall report back to the Superintendent, Central Jail, Raipur immediately upon expiry of the said period. The petition stands disposed of accordingly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.14 18:04:02 +0530