1 CGHC010299632026 2026:CGHC:34434-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 447 of 2026 1 - Dilu Kumar Sahu S/o Ganesh Ram Sahu, Aged About 19 Years, Prisoner No. 2486/139, R/o Village Ghodkhamhi, P.S.- Lormi, District- Mungeli (C.G.) .. Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Home (Jail) Department, Mantralaya Mahanadi Bhawan New Raipur, District- Raipur (C.G.) 2 - Collector/ District Magistrate Mungeli, District Mungeli (C.G.) 3 - Superintendent of Police, Mungeli, District Mungeli (C.G.) 4 - Jail Superintendent, Central Jail Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Leekesh Kumar, Advocate. For State : Ms. Anusha Nayak, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 06.08.2026 Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.13 20:09:54 +0530 2 1. Heard Mr. Leekesh Kumar, learned counsel for the petitioner as well as Ms. Anusha Nayak, 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 the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 06.02.2026 (Annexure P/1) passed by the Respondent No.2. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to release the petitioner on parole as early as possible for a period as prescribed under Chhattisgarh Prisoner Leave Rules, 1989. 10.3 Any other relief (s) that this Hon’ble Court may deem fit to grant in the facts and circumstances of this case.” 3. Learned counsel for the petitioner submits that the petitioner is presently lodged in Central Jail, Bilaspur and has been in custody since 26.10.2023. He stands convicted under Sections 302/34, 201 and 120-B of the IPC and has been sentenced to life imprisonment along with fine for offence under Section 302/34 and 120-B of the IPC and R.I. for one year along with fine for offence under Section 201 of the IPC, with direction to 3 run all the jail sentences concurrently. His Criminal Appeal No.264/2025 was dismissed by this Court on 15.05.2026. It is submitted that, having become eligible under the Chhattisgarh Prisoners’ Leave Rules, 1989, the petitioner applied for parole for 14+2 days, but his application was rejected by the District Magistrate, Mungeli vide order dated 06.02.2026, primarily on the basis of the adverse police report and objection raised by the family members of the deceased. Learned counsel submits that the impugned order has been passed mechanically without any independent finding that the petitioner’s release would be prejudicial to public peace, safety or order, or that he would abscond, commit any offence or threaten any person. 4. Learned counsel further submits that the authorities failed to consider the no-objection of the Gram Panchayat and the proposed sureties, as well as the petitioner’s satisfactory circumstances warranting temporary release for maintaining family and social ties. It is also submitted that the petitioner’s mother, Gangotri Sahu, is suffering from serious cardiac ailments and is likely to undergo surgery, as reflected from her medical reports filed as Annexure P/3. The petitioner has remained in custody since 26.10.2023 and has not been granted temporary release even for a short period. It is, therefore, contended that the impugned order is arbitrary, non- speaking and suffers from non-application of mind and is violative of Articles 14 and 21 of the Constitution of India. 4 Therefore, it is prayed that the impugned order dated 06.02.2026 may be quashed and the respondents may be directed to release the petitioner on parole in accordance with the Chhattisgarh Prisoners’ Leave Rules, 1989. 5. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the petitioner and submits that the petitioner’s application for grant of parole was considered by the competent authority in accordance with the provisions of the Chhattisgarh Prisoners’ Leave Rules, 1989. It is submitted that pursuant to the application submitted by the petitioner, the requisite police enquiry was conducted and the Station House Officer, Police Station Lormi, reported that the family members of the deceased had objected to the release of the petitioner. On the basis of the said report, the respondent No.3 did not recommend the release of the petitioner on parole and the adverse recommendation was thereafter considered by the District Magistrate, Mungeli. Therefore, the impugned order dated 06.02.2026 has been passed after considering all the relevant factors and rules and it does not suffer from any illegality, arbitrariness or perversity warranting interference by this Court. 6. We have heard learned counsel for the parties and perused the the documents annexed with the petition. 5 7. From perusal of the order impugned, it transpires that there was an objection raised by the family members of the deceased and the respondent No.2 has considered the recommendation of respondent No.3 as well the objection raised by the family members of the deceased while rejecting the application of the petitioner. 8. Apart from the consideration of the Collector/District Magistrate, Mungeli, District Mungeli, 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 6 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. 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, 7 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 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 8 directions issued from time to time and is duty bound to adhere to and abide by the orders.” 9. 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. 10. Considering the nature of offence for which the petitioner has been been convicted and is undergoing jail sentence, further considering that respondent No.2, Collector/District Magistrate Mungeli, District Mungeli (C.G.) has rejected the application of the petitioner for leave (parole) in view of the recommendation made by respondent No.3 and the objection raised by the family member of the deceased, we do not find any illegality or infirmity in the order impugned dated 06.02.2026 passed by respondent No.2 rejecting the application of the petitioner for grant of leave (parole). 11. Accordingly, the instant petition is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil