1 CGHC010281862026 2026:CGHC:32522-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 423 of 2026 1 - Dilip Kewant S/o Late Mansingh Kewant, Aged About 44 Years, Occupation Labour, (Convicted Prisoner No. 2889/ 141), R/o Village Karra, P.S. Masturi, District- Bilaspur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan Atal Nagar, (Nava Raipur) District- Raipur (C.G.) 2 - Superintendent of Jail, Central Jail, Bilaspur, District- Bilaspur, Chhattisgarh 3 - Collector/District Magistrate Bilaspur, District- Bilaspur, Chhattisgarh 4 - Deputy Inspector General of Police Cum Senior Superintendent of Police, Bilaspur, District- Bilaspur, Chhattisgarh 5 - Superintendent of Police, Bilaspur, District- Bilaspur, Chhattisgarh 6 - Station House Officer, Police Station Masturi, District- Bilaspur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ankit Singh, Advocate. For State/Respondents : Mr. Saumya Rai, Deputy Govt. Advocate. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.07.31 20:41:06 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 29-07-2026 1. Heard Mr. Ankit Singh, 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):- “1) Issue an appropriate writ, order or direction quashing and setting aside the impugned order dated 22.04.2026 (Annexure P/1) passed by the Respondent No.3/Collector, Bilaspur in Criminal Case No.15/2026 whereby the petitioner's application seeking General Temporary Release (Parole) under the Chhattisgarh Prisoners Leave Rules, 1989 has been rejected; 2) Issue an appropriate writ, order or direction commanding the respondents to release the petitioner on General Temporary Release (Parole) for a period of 14+2 days in accordance with the provisions of the Chhattisgarh Prisoners Leave Rules, 1989, on such terms and conditions as this Hon'ble Court may deem fit and proper; 3 3) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner.” 3. Learned counsel for the petitioner submits that the petitioner is presently undergoing the sentence of life imprisonment in Central Jail, Bilaspur pursuant to the judgment dated 19.08.2025 passed by the learned Additional District & Sessions Judge-VIII, Bilaspur in connection with Crime No.250/2020 registered at Police Station Masturi, District Bilaspur for the offence punishable under Sections 302/34 (in two counts) of the Indian Penal Code. It is submitted that the petitioner has remained in continuous custody since 02.07.2020 and during the entire period of incarceration his conduct has been reported to be normal and satisfactory by the Superintendent, Central Jail, Bilaspur. The petitioner had applied for General Temporary Release (Parole) under the provisions of the Chhattisgarh Prisoners Leave Rules, 1989 with a view to meet his family members and maintain his social and family ties. However, the said application has been rejected by respondent No.3/Collector, Bilaspur vide order dated 22.04.2026 solely on the basis of the police report without any independent application of mind. It is further submitted that the impugned order is arbitrary and contrary to law as the Collector has merely reproduced the recommendation of the police authorities and has failed to exercise the statutory discretion vested in him under the Rules of 1989. The rejection is primarily founded upon the objection raised 4 by the victim's family and a general apprehension of breach of peace, without recording any specific finding that the petitioner is likely to abscond, commit any offence, threaten any person or disturb public order if released on parole. Learned counsel further submits that the authorities have ignored material circumstances in favour of the petitioner, i.e., the satisfactory jail conduct certified by the Jail Superintendent, the no-objection expressed by the Sarpanch of the village, and the willingness of Shri Sundar Lal and Shri Sukhnay Nishad to stand as sureties by furnishing surety bonds of Rs.50,000/- each and to keep the petitioner under their supervision during the period of parole. It is contended that the seriousness of the offence by itself cannot constitute a valid ground for refusal of parole once the statutory requirements are otherwise fulfilled and the object of parole being reformative and rehabilitative has been completely overlooked. It is also submitted that the impugned order is a non-speaking order passed mechanically without considering the relevant materials and is violative of Articles 14 and 21 of the Constitution of India. Accordingly, it is prayed that the impugned order be quashed and the petitioner's application for General Temporary Release (Parole) be allowed. 4. On the other hand, learned counsel for the State opposes the prayer made by learned counsel for the petitioner and submits that the petitioner's application for grant of parole has been rejected by respondent No.3/Collector, Bilaspur vide order dated 5 22.04.2026 on the basis of the recommendation submitted by the Senior Superintendent of Police, Bilaspur, which was based upon the enquiry report of the Station House Officer, Police Station Masturi wherein it has been reported that the victim's family has objected the petitioner's release and that there is apprehension of breach of peace and law and order in case the petitioner is released on parole. On the basis of the said material, the competent authority found that the petitioner's temporary release would not be in public interest and accordingly rejected the application. It is, therefore, submitted that the impugned order has been passed after considering the report of the competent police authorities and does not warrant any interference by this Court. 5. We have heard learned counsel for the parties and perused the impugned order and the documents annexed. 6. From perusal of the order impugned, it transpires that there was an objection raised by the victim side and the respondent No.3 has considered the recommendation of Senior Superintendent of Police, Bilaspur (C.G.) as well as the report of the concerned SHO while rejecting the application of the petitioner. 7. Apart from the consideration of the Collector/District Magistrate, Bilaspur, District Bilaspur, 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 6 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 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. 7 5. 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 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 total 40 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 8 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 that once they have been released on bail/parol, they are not surrendering after completion of their period of parole. 9. Considering the nature of offence for which the petitioner has been been convicted and is undergoing jail sentence, further considering that respondent No.3, Collector/District Magistrate Bilaspur, District Bilaspur (C.G.) has rejected the application of the petitioner for leave (parole) in view of the recommendation made by Senior Superintendent of Police, Bilaspur and report of the concerned SHO as well as objection raised by the victim side, we do not find any illegality or infirmity in the order impugned dated 22.04.2026 passed by respondent No.3 rejecting the application of 9 the petitioner for grant of leave (parole). 10. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil