Single judge order allowing a writ petition challenging the rejection of a parole application. The court set aside the impugned order for lack of recorded reasons and directed the District Magistrate to reconsider.
Impugned order dated 20.3.2018 set aside; District Magistrate directed to reconsider parole application afresh within 7 days.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No.60 of 2019
Shankar Sharma S/o Ghanshyam Sharma, Convict
No.6113/114, Aged about 30 years, Lodged in Raipur
Central Jail, Raipur, Distt.Raipur Chhattisgarh
---- Petitioner
Versus
State of Chhattisgarh, Through – Secretary, Department of Home, Mantralaya, Naya Raipur, District – Raipur (Chhattisgarh)Jail Superintendent, Central Jail Raipur, District – Raipur, ChhattisgarhSuperintendent of Police, Raipur, District Raipur, ChhattisgarhCollector, Raipur, Distt. Raipur (CG)Additional District Magistrate, Raipur, Distt. Raipur (CG)Thana In-charge, Police Station-Azad Chowk, Distt. Raipur (CG)---- Respondents
For Petitioner : Ms Rajni Soren, Advocate
For Respondents: Mr.Ravi Bhagat, Dy.G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
06/12/2019
By the impugned order, application for grant of parole filed by the petitioner has been rejected by respondent No.5, against which, this writ petition has been filed.Pursuant to the notice, the District Magistrate has filed his affidavit. Return has also been filed.Mr.Ravi Bhagat, learned counsel for the respondents/State, would submit that no reason has been assigned in the impugned order, therefore, the District Magistrate, Raipur would reconsider the2
matter afresh within 7 days from today.
In view of above, the impugned order dated 20.3.2018 (Annexure P-1) passed by respondent No.5 is set aside as no reason has been assigned in rejecting the application for grant of parole and merely on the recommendation of the Superintendent of Police it has been rejected. The District Magistrate, Raipur is directed to reconsider the application of the petitioner for grant of parole afresh and dispose of the same within 7 days from today.The writ petition is allowed to the extent indicated hereinabove. NO cost(s).Certified copy today.
Sd/-
(Sanjay K. Agrawal)
Judge
B/-
1 issue framed by the court
Whether an order rejecting a parole application is valid if no reasons are assigned for its rejection.
Shankar Sharma
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court