2025:CGHC:60394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3702 of 2025

1 - Anwar Dhebar S/o Late Haji Zikar Dhebar, Aged About 51 Years R/o Dhebar House, Pension Bada, Raipur, Chhattisgarh- 492001 ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Investigating Officer, Economic Offence Wing/ Anti- Corruption Bureau Chhattisgarh, Head Quarter At Telibandha, In Front Of Jai Jawan Petrol Pump, Raipur Chhattisgarh-

492001.

... Respondent(s)

For Petitioner(s) : Shri Harshwardhan Parganiha, Advocate assisted by Ms. Manubha Shankar, Advocate For Respondent(s) : Dr. Saurabh Kumar Pande, Dy.AG (Hon’ble Shri Justice Arvind Kumar Verma)

Order on Board

11/12/2025 The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 invoking the inherent jurisdiction of this Court seeking a further extension of the parole granted earlier vide order dated 14.11.2025 in Cr.M.P. No. 3471 of 2025 to enable the petitioner to duly complete the post funeral rites in respect of his deceased mother.

2. Facts of the case in brief are that the petitioner is an accused in Crime No. 04 of 2024 registered by the EOW/ACB, Chhattisgarh for the offences involving a large scale criminal syndicate concerned with illegal bribe collections related to liquor sales, against whom a charge sheet was filed on 01.07.2024. The petitioner was arrested on 05.04.2024 and has been in judicial custody since.

3. During pendency of the trial, this Court had initially granted parole to the petitioner on humanitarian grounds due to the precarious health of his mother. Vide order dated 13.10.2025 passed in Cr.M.P. No. 3114 of 2025, parole was granted for7 days up to 21.10.2025. Subsequently, as the health of his mother further deteriorated, parole was extended vide order dated 10.11.2025 in Cr.M.P. No. 3396 of 2025 for a further period fo 7 days ie. till 17.11.2025. On the petitioner’s request for extension of parole to perform post-funeral rites, this Court partly extended parole til 08.12.2025 by order dated 14.11.2025 in Cr.M.P. No. 3471 of 2025. The petitioner’s request is premised upon compelling humanitarian and religious grounds necessitated by the recent demise of the petitioner’s mother.

4. Counsel for the petitioner now seeks further extension of parole under Section 528 BNSS on the ground that in accordance with Islamic religious practices, it is a virtuous and necessary obligations for the sons of the deceased to perform post-funeral rites, including daily recitation of Surah Fatiha at the grave, continuing up to the fortieth day from the date of demise. The presence of the petitioner is essential for the proper and dignified observance of these rites.

5. Contention of the counsel for the applicant is that in Muslim tradition, it is an important religious and cultural obligation to perform daily prayers at the grave of the deceased and engage in remembrance for 40 days following death. The presence of close family, especially the son, is essential for these spiritual rites and communal mourning. The petitioner has faithfully complied with all the previous parole orders., returned to the custody promptly and has not misused the liberty granted to him. Past conduct indicates bona fide intentions and the present application arises out of humanitarian and religious necessity.

6. He further contended that the petitioner has been granted bail in the related money laundering case by the Apex Court vide order dated 19.05.2025 and further affirming the trustworthiness of the petitioner regarding custodial cooperation. He therefore, contended that there is no immediate trial or framing of charges and the investigation has been concluded with full cooperation by the petitioner, an extension of parole for purely religious rites would cause no prejudice tot he case or society. Lastly, it has been contended that granting of parole to the petitioner will uphold the values of justice, equity and humanity and allow the petitioner to disc