The court determined that absconding from parole affects eligibility for temporary leave under prison rules.

Order on Board

Per Ramesh Sinha , Chief Justice

28.01.2025

1. Heard Mr. Paras Mani Shriwas, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the respondents/State.

2. The present writ petition has been filed by the petitioner with the following prayers:

“(i) That, the Hon'ble Court may kindly be pleased to call the entire record from the respondent authorities pertinent to petitioners leave case for kind perusal of the Hon'ble High Court.

(ii) That, the Hon'ble Court may kindly be pleased to direct the concern respondents authorities be considered the petitioners fresh representation/request and he may be again release ordinary/Temporary on leave under the C.G. Prisoners Leave Rules 1989.

(iii) That, the Hon'ble Court may kindly be pleased to direct the concern respondents authorities be considered the petitioners application and he may be release on Temporary leave for treatment of his wife.

(iv) Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner.”

3. Learned counsel for the petitioner submits that the petitioner is presently in Central Jail Jagdalpur, Baster as Prisoner No. 6950/37. The petitioner has been convicted and sentenced for offence punishable under Section 302/149, 147, 148 of I.P.C. as well as under Section 27 of Arms Act . He further submits that the petitioner has underwent about 10 years imprisonment, whereas a prisoner who served at least 2 years imprisonment becomes eligible for the benefit of release on leave under the C. G. Prisoner's Leave Rules 1989. It has been contended that petitioner had earlier preferred application for grant of ordinary leave before the Jail Superintendent, i.e. respondent No.3, which was allowed after approval of the superior authorities and thereafter, the petitioner had release on ordinary leave vide order dated 08.08.2019 for a period of 10 days on the ground that his wife is suffering from several physical problems and no one else available to take care of her, then due to physical problems of the petitioner’s wife, he failed to surrender himself before respondent No. 3 and thereafter, on 23.03.2022, petitioner has been arrested by the Police of Police Station Bodhghat in compliance of the warrant issued by the respondent authorities. After arrest of the petitioner, he has been produced before the Judicial Magistrate First Class, Jagdalpur, Bastar (C.G.) thereafter, sent in jail, in which again proceeded the trial under Section 229 of 1.P.C. and after completed the trial, petitioner has again convicted for the period of one year 10 days, which has already been spent by him. It has been further contended that the petitioner has submitted an application before the respondent No. 3 on 15.01.2024 for releasing on ordinary/Temporary leave for treatment of his wife Pinky Rai, which was forwarded to respondent No. 4 with a reference that the petitioner has not eligible for said leave because he absconded for a period of 2 years 5 months 21 days during the course of his earlier ordinary leave.

4. On the other hand, learned State counsel submits that earlier vide order dated 08.08.2019, petitioner has been released on parole for a period of 10 days on the ground that his wife is suffering from several physical problems, but the petitioner was absconded for a period of 2 years 5 months 21 days and then, on 23.03.2022, petitioner has been arrested by the Police of Police Station Bodhghat in compliance of the warrant issued by the respondent authorities, as such, he is not entitled for grant of second parole.

5. We have perused the prayers and pleadings made in the writ petition along with the annexures annexed in this case.

6. Considering the overall facts and circumstances of the case, particularly the fact that earlier vide order dated 08.08.2019, petitioner has been released on parole for a period of 1