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2025 DAILYLAW 50927 (CHH)

ANWAR DHEBAR v. STATE OF CHHATTISGARH

CRMP/3114/2025 · 2025-10-12

Shri Arvind Kumar Verma

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:50774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3114 of 2025 1 - Anwar Dhebar S/o Late Hazi Zikar Dhebar Aged About 51 Years R/o Dhebar House, Pension Bada, Raipur, Chhattisgarh ... 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 Vikas Pahwa, Sr. Advocate along with Shri Mayank Jain through VC assisted by Shri Hasrshwardhan Parganiha, Shri Mayur Jain, Shri Arpit Goel, Shri Harshit Sharma, Ms. Mizba Dhebar & Ms. Manubha Shankar, Advocate For Respondent/State : Shri Vivek Sharma, Addl. AG (Hon’ble Shri Justice Arvind Kumar Verma ) Order on Board 13/10/2025 The present petition has been filed on behalf of the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 2 invoking the inherent jurisdiction of this Court for extension of the relief of parole as granted by the Hon’ble Apex Court vide order dated 07.10.2025 passed in Miscellaneous Application diary No. 55730 of 2025 in SLP (Crl.) No. 433 of 2025 in the light of the critical medical condition of the petitioner’s mother who is stated to be on her death bed. 2. Learned Senior Counsel for the petitioner submits that the Apex Court had, taking note of the precarious medical condition of the petitioner's mother, pleased to direct the temporary release of the petitioner on parole for a period of four days with adequate escort. Liberty was also reserved in favor of the petitioner to seek further interim relief, if required. 3. It is further submitted that due to administrative and procedural delays on the part of the respondent authorities, the petitioner was actually released from Central Jail, Raipur only on 8.10.2025, thereby reducing the effective duration of parole. Upon the petitioner’s approach the Apex Court vide its subsequent order extended the parole from 5.00 p.m. on 11.10.2025 to 5.00 pm on 12.10.2025. He has placed the documents Annexure-P/9 being the latest medical records of the petitioner’s mother demonstrating that she continues to remain on life support and her condition is extremely critical. It is submitted that the brevity of the earlier parole is proving insufficient as the petitioner’s mother continues to be in a life-threatening state. 4. It is further submitted that the petitioner has already been granted bail in ECIR RPZO/04/2024 arising out of the same FIR, by the Apex Court vide order dated 19.05.2025 in SLP (Crl.) No. 3592/2024 thereby satisfying the well established triple test for grant of bail. The petitioner 3 has cooperated with the investigation at every stage and there is no likelihood of misuse of liberty. It is therefore urged that considering the humanitarian ground and in continuation fo the liberty granted by the Apex Court, the petitioner may be allowed further parole for such reasonable period. 5. Learned State counsel submits that the petitioner has already availed the benefit of parole as directed by the Apex Court. It is contended that any further extension ought to be sought before the Apex Court itself, since the original order emanates therefrom. It is submitted that adequate escort arrangements have been made and the State has complied in full with the directions of the Apex Court. It is stated that the jail authorities are bound by the duration mentioned in the said order and cannot on their own extend the period of release. 6. Heard learned counsel for the respective parties and perused the documents placed on record, including the orders of the Apex Court dated 7.10.2025 and the medical documents produced by the petitioner Annexure P/9. The order dated 7.10.2025 reads as under: “Considering the medical condition of the mother of the aplicant, we are inclined to grant parole for a period of four days to the applicant, and thus, direct the aplicant to be released from the date of receipt of copy of this order. Accordingly, the applicant is granted parole for a period of four days and he shall be released for four days, subject to the condition that the respondent shall provide adequate escort at their own cost. We make it clear that the applicant shall report back to the prison on 11th October, 2025 on or before 5.00 pm. Liberty is also given to the applicant to seek 4 further interim relief in case any need arises. Even if the aplicant is arrested in any other pending case, as the need for parole is not in dispute, he shall be so released subject to the condition as stated above.” Thereafter, due to the delay caused by the respondent in facilitating his release from Central Jail, Raipur on 8.10.2025 the petitioner approached the Apex Court which extended his parole from 5.00 pm. on 11.10.2025 to 5.00 pm. on 12.10.2025 which reads as under : “Considering the medical condition of the mother of the aplicant, we are inclined togrant parole for a period of four days to the applicant and thus, direct the aplicant to be released from the date of receipt of copy of this order. Accordingly, the applicant is granted parole for a period of four days and he shall be released for four days, subject to the condition that the respondent shall provide adequate escort at their own cost. We make it clear that the applicant shall report back to the prison on 12th October, 2025 on or before 5.00 pm. Liberty is also given to the applicant to seek further interim relief in case any need arises. Even if the aplicant is arrested in any other pending case, as the need for parole is not in dispute, he shall be so released subject to the condition as stated above.” Learned Sr. Counsel has drawn the attention of this Court to the order passed by the Apex Court in order dated 07.10.2025 passed in Miscellaneous Application diary No. 55730 of 2025 in SLP (Crl.) No. 433 of 2025 and therefore three things are very clear, firstly, that the petitioner was granted parole for a period of four days and it was also directed that the petitioner shall report back to prison on 12th October 2025 on or before 5.00 pm. This fact has been admitted by the counsel 5 for the respondent that the petitioner had surrendered on 12th October 2025 at 5.00pm. as ordered. Secondly and most importantly, the fact that liberty was granted to the petitioner by the Apex Court to seek interim relief in case any need arises meaning thereby, if there is any exigency or any need arises, the petitioner is entitled to file application for interim relief. On that ground, he has filed the present petition under Section 528 of the BNSS. 7. Looking to the objection that the present petition is not maintainable, it is pertinent to mention here that this petition is not for seeking relief for bail and it is only for interim relief for parole and the Apex Court has already granted liberty to seek further interim relief in case, any need arises. It is also evident that the order itself reserves liberty to seek further interim relief if required. The medical certificates placed before this Court disclose that the petitioner’s mother continues to be on life support and remains in a critical and precarious condition. 8. While it is true that the initiation direction emanated from the Apex court, the liberty expressly granted therein to seek further relief enables this Court, in exercise of its inherent jurisdiction under Section 528 BNSS, to consider interim relief of parole on humanitarian grounds. In such exceptional humanitarian circumstances, this Court is of the considered opinion that the presence of the petitioner by the side of his ailing mother, who is stated to be on her death bed, is justified and warranted. Therefore, the petitioner is granted parole of seven days purely as interim relief. 6 9. Accordingly, the petition is allowed. It is directed that the petitioner Anwar Dhebar shall be released on interim parole for a period of seven days till 5.00 pm. on 21.10.2025 subject to the condition that the respondent shall provide adequate escort at their own cost. However, it is directed that the petitioner shall report back to the prison on 21st October 2025 on or before 5.00 p.m. 10. 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: 2025.10.13 17:52:18 +0530