1 2025:CGHC:54067-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 568 of 2025 Gopal Jaiswal S/o Ramniwas Jaiswal Aged About 43 Years Prisoner No. 8399/40, R/o Village- Purgaon, Police Station- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Distt. Raipur (C.G.) 2 - Jail Superintendent Central Jail, Raipur, District- Raipur (C.G.) 3 - District Magistrate Sarangarh-Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 4 - Superintendent Of Police District- Sarangarh-Bilaigarh (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Chandrabhushan Kesharwani, Advocate. For Respondents/State : Mr. S.S. Baghel, Deputy Government Advocate. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.11.07 11:13:29 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 06.11.2025 1. Heard Mr. Chandrabhushan Kesharwani, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, learned Deputy Government Advocate, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(i) Call for entire record pertaining to the case of the petitioner. (ii) Quash the impugned order dated 05.08.2025 (Annexure P/1) passed by respondent no. 3 and order may kindly be passed for temporary release/parole of the petitioner for 14 + 2 days. (iii) To grant any other relief which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 3. Learned counsel for the petitioner would submit that the petitioner has been convicted by the Court of learned 9th Additional Sessions Judge, Raipur, C.G. vide order dated 27.04.2024 for offence under Sections 302/34, 120-B, 201 of the IPC and was sentenced for life imprisonment with default stipulation. The petitioner has filed an application for grant of temporary release to the Jail Superintendent, Central Jail, Raipur, which was endorsed by Jail 3 Superintendent and forwarded to the District Magistrate, Sarangarh- Bilaigarh, but the same has been rejected by the respondent No. 3 vide impugned order dated 05.08.2025 summarily without following the relevant provisions of Rules 4 & 6 of the Chhattisgarh Prisoner's Leave Rules 1989 (for short, ‘Rules of 1989’) as well as Rules 6, 3, 9, 11 & 12 of the Rules of 1989, therefore, the order passed by the respondent No. 3 dated 05.08.2025 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 Collector-cum-District Magistrate, Sarangarh-Bilaigarh (C.G.) vide order dated 05.08.2025 keeping in view the current situation, public safety and on the apprehension that the petitioner could cause harm to the life of others on being releasing on leave. 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 Collector- cum-District Magistrate, Sarangarh-Bilaigarh (C.G.) has expressed his opinion that there is a possibility of happening of some untoward incident, in case of release of prisoner Gopal Jaiswal on ordinary leave as there is apprehension that the petitioner could cause harm to the life of others on being releasing on leave. Therefore, Collector- 4 cum-District Magistrate, in public interest, has rejected the leave application of petitioner. 7. The apprehension which has been raised by the authority concerned that if the parole application is allowed there is every likelihood that the applicant would not surrender. This Court has also noticed the fact that the prisoners are not surrendering after they are being released on parole. In this respect, report was also called from the Superintendent of Police who has affirmed the apprehension of the detaining authority. 8. During the course of argument, learned counsel appearing for the State by referring the affidavit filed by the Director General of Police, Chhattisgarh in WPPIL No. 33/2025 would submit that out of 30 prisoners released on parole since 18/03/2025 only 04 prisoners have surrendered as on 30/04/2025 and remaining 26 prisoners have been absconded and it is very difficult to arrest them. 9. In view of the above, we do not find any illegality or infirmity in the order impugned dated 05.08.2025 passed by Collector-cum-District Magistrate, Sarangarh -Bilaigarh (C.G.) rejecting the application for grant of leave (parole). 10. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar