1 2026:CGHC:27039-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 329 of 2026 1 - Vijay Kumar Hadde @ Pallu S/o Shri Munna Ram, Aged About 26 Years (Wrongly Mentioned as Hudde In Impugned Annexure P-1), R/o Village Jhalriya, P.S. Pasta District Balrampur-Ramanujganj Chhattisgarh, Through His Grandfather Vishwanath Hadde, S/o Late Rimlal, Aged About 60 Years, R/o Village Jhalriya, P.S. Pasta District Balrampur- Ramanujganj Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department of Home (Jail) Mahanadi Bhavan, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - The Jail Superintendent Central Jail Ambikapur, District- Sarguja (C.G.) 3 - The District Magistrate District- Balrampur-Ramanujganj (C.G.) 4 - The Superintendent of Police Balrampur District- Balrampur- Ramanujganj (C.G.) ... Respondents For Petitioner : Ms. Richa Dwivedi, Advocate. For State/Respondents : Mr. Saumya Rai, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Digitally signed by MOHAMMED AADIL KHAN Date: 2026.07.02 16:00:16 +0530 2 Per Ramesh Sinha, Chief Justice 02-07-2026 1. Heard Ms. Richa Dwivedi, learned counsel for the petitioner as well as Mr. Saumya Rai, learned Deputy Govt. Advocate appearing for the State/respondents. 2. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India seeking following relief(s):- “10.1 To call for entire records from respondents pertaining to petitioner's leave case for kind perusal of the Hon'ble High Court. 10.2 To quash impugned memo dated 06.03.2026 (Annexure P-1) and also to direct respondents to release petitioner on parole under the Chhattisgarh Prisoner's Leave Rules 1989. 10.3 To grant any other relief deemed fit and proper in facts and circumstances of the case.” 3. Learned counsel for the petitioner submits the petitioner is presently in Central Jail, Ambikapur, as Prisoner No. 512/66 and is undergoing sentence pursuant to his conviction. The petitioner is in jail since 13.06.2022 pursuant to his conviction under Sections 342 and 363 of the IPC and Section 6 of the POCSO Act and he has fulfilled all the eligibility criteria prescribed under the Chhattisgarh Prisoners' Leave Rules, 1989 (in short ‘the Rules, 1989’) for grant of leave. It is submitted that the application for leave has been rejected by respondent No. 3 mechanically, solely 3 on the basis of the opinion of the Superintendent of Police, without independently exercising the statutory discretion contemplated under Rule 6 of the Rules, 1989, although there is no material to indicate that the petitioner's release would pose any threat to public safety. It is also submitted that against his conviction and sentence the petitioner has filed Criminal Appeal No. 1981/2024 (Vijay Kumar Hadde @ Pallu Vs. State of Chhattisgarh) which is pending before this Hon'ble Court. It is further submitted that the petitioner has maintained good conduct in jail, suffers from no statutory disqualification, and that neither the pendency of his criminal appeal nor the absence of the complainant's consent constitutes a ground for denial of leave under the Rules. Accordingly, it is contended that the impugned order is arbitrary, violative of Articles 14 and 21 of the Constitution of India, and deserves to be set aside and it is prayed that the petitioner’s parole application may be allowed. 4. On the other hand, learned counsel for the State opposes the prayer made by the learned counsel for the petitioner and has submitted that the petitioner’s application for grant of leave (parole) has been rejected by respondent No.3 vide order dated 06.03.2026 on the recommendation of respondent No.4 made on the basis of the view expressed by concerned SHO. There is objection from the victim side in release of the petitioner on parole. 5. We have heard learned counsel for the parties and perused the 4 impugned order and the documents annexed. 6. From perusal of the order impugned, it transpires that there was an objection raised by the victim/complainant side and also that concerned SHO has also expressed opinion that the petitioner may abscond if he is granted leave/parole. 7. Apart from the consideration of the District Magistrate, Balrampur, District Balrampur-Ramanujganj, we noticed the issue involved in WPPIL No. 33/2025 (In the matter of Suo Moto Public Interest Litigation Vs. State of Chhattisgarh & Others ), which is pending before this Court. In the said WPPIL No. 33/2025, on being direction made by this Court, the Director General of Police, PHQ, Chhattisgarh, filed his affidavit informing the fact about number of absconding accused persons who have been released on bail. It is necessary to reproduce the relevant part of the affidavit of the Director General of Police, Chhattisgarh, Raipur, which has been observed in the order dated 08.12.2025 in the WPPIL No. 33/2025, which reads as under:- "4. That, the deponent most humbly and respectfully submits that in order to comply with the order of the Hon'ble Court, the deponent has immediately acted upon the letter of the office of the Advocate General dated 17/10/2025 and in continuation of the same, on 22/10/2025 necessary instructions and directions have immediately been issued to all the Range Inspector General of Polices including the Rail to ensure arrest 5 and entry of 40 prisoners who are still absconding, into the jail by carrying out a special drive in this regard and submit a report about the efforts made for arrest of the accused persons by the concerned Police by 02/12/2025 by enclosing the list of 40 absconding prisoners, who were released on parole, but, have not surrendered and are still absconding so that the order of the Hon'ble Court can be complied with by submitting the information in this regard. To demonstrate this fact, copy of the letter dated 22/10/2025 is filed herewith as Annexure A/3. 5. on That, the deponent most humbly and respectfully submits that taking cognizance of poor performance / efforts / progress in arresting the absconding prisoners, 29/10/2025 a DO letter dated 29/10/2025 has personally been written to all the Range Inspector General of Polices, Chhattisgarh to carry out a special drive for arresting the remaining absconded accused and further ensure their entry into the jail after their arrest by preparing a working plan in this regard under the supervision of concerned District Superintendent of Polices. To demonstrate this fact, copies of the DO letters dated 29/10/2025 are filed herewith as Annexure A/4 colly. 6. That, the deponent most humbly and respectfully submits that as per the information received from 5 6 Circle Jails of the State, as on 02/12/2025, 2 absconded prisoners of Circle Jail Ambikapur and Circle Jail Jagdalpur have been arrested out of total40 prisoners and remaining is 38 in number. To demonstrate this fact, copy of the chart showing arrest of 2 absconded prisoners out of 40 prisoners is being filed herewith as Annexure A/5. 7. That, the deponent respectfully submits that the Police Personnel have made their all sincere and best efforts to arrest the aforesaid 40 absconded prisoners / accused and as a result of which the Police has succeeded in arresting 2 absconded prisoners. It is respectfully submitted that to arrest the remaining 38 absconding prisoners, the continuous efforts are being made by the concerned Police Officials and as soon as the said accused persons are arrested, they would be produced before the concerned learned Trial Court from where they will be sent to the Jail. That, the deponent most respectfully submits that he has the highest regard and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and is duty bound to adhere to and abide by the orders.” 8. This Court also noticed the increasing number of absconding accused persons who have been either released on parole or bail 7 that once they have been released on bail/parol, they are not surrendering after completion of their period of parole. 9. Therefore, considering the entire facts and circumstances of the case and in view of the aforesaid consideration, we are not inclined to release the petitioner on parole. Further, perusal of the impugned order dated 06.03.2026 goes to show that the respondent No.4, the Superintendent of Police, Balrampur, District Balrampur- Ramanujganj has expressed opinion that in view of the memo sent by concerned police station wherein it has been reported that objection was raised on releasing the petitioner on parole/leave by the the victim side, no recommendation is made for temporary leave (parole) in favour of the petitioner. Thereafter, the respondent No.3, agreeing with the report has rejected the leave application of the petitioner. 10. Considering the nature of offence for which the petitioner has been been convicted and is undergoing jail sentence, further considering that the appeal against his conviction and sentence is pending and respondent No. 3, Collector/District Magistrate, Balrampur, District Balrampur- Ramanujganj has rejected the application of the petitioner for leave (parole) on the recommendation made by respondent No.4, we do not find any illegality or infirmity in the order impugned dated 06.03.2026 passed by respondent No.3 rejecting the application of the petitioner for grant of leave (parole). 8 11. Accordingly, the instant petition is liable to be and is hereby dismissed. 12. In view of the submission made by learned counsel for the petitioner that Criminal Appeal No.1981 of 2024 filed by the petitioner is pending before this Court wherein the application for suspension of sentence and grant of bail is also pending, Registry is directed to list Criminal Appeal No.1981 of 2024 on 03-07-2026. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil