MEHATTAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition is against the against the order dtd. 19/3/2021 (Annexure P-1) whereby the application to release the petitioner on parole of 10 days was rejected by the Additional District Magistrate, Raipur on the ground of objection raised by the Up-Sarpanch and other prestigious people of the village that if the petitioner is released on parole he may further unleash untoward incidents in the village.

(2.) Learned counsel for the petitioners submits that having entitled to be released on parole as per the C.G. Prisoners Rule, 1989, the petitioner applied for grant of parole of 10 days and the said application was forwarded by the concerned Police Station and the internal communications have been made to the Superintendent of Police. Two sureties, one is the father of accused and another is of different village had come forward to give surety for release of the petitioner on parole. The enquiry was conducted and the statements of few of the villagers were recorded. Thereafter, the application for grant of parole came to be rejected on apprehension raised by the villagers that that if the petitioner is released on parole, he may further commit any untoward incidents in the village.

(3.) In the return filed by the State, the defence has been raised that the petitioner stands convicted for the offence under sec. 302 of IPC and sentenced to life imprisonment. The State Government has exercised its power conferred under sec. 31 of the Prisoners Act 1900 and the Rules made thereunder which are called as the Chhattisgarh Prisoners Leave Rules 1989 and eventually the rejection order was passed.