Facts
The petitioner was convicted under Section 302 of the IPC for the murder of Priti Koshle by the 6th Addl. Sessions Judge, Bilaspur, on November 26, 2024
Source reference: p.2-3He has been incarcerated since November 1, 2021
Source reference: p.3While his criminal appeal (No. 525/2025) was pending, the petitioner applied for 14 days of leave on August 6, 2025, under the C.G. Prisoners Leave Rules, 1989
Source reference: p.3Although initially recommended by the competent authority, the District Magistrate (Respondent No. 3) rejected the application on September 23, 2025
Source reference: p.3The rejection was based on objections from the deceased's family members, who expressed fear of a recurring incident if the petitioner were released
Source reference: p.3-4The petitioner challenged this rejection via a writ petition under Article 226 of the Constitution
Source reference: p.2Issues
1. Whether the petitioner is entitled to grant of leave/parole under the C.G. Prisoners Leave Rules, 1989, in light of adverse police reports and objections from the victim's family
Source reference: p.3-42. Whether the high rate of absconding prisoners in the state, as noted in concurrent public interest litigation, justifies the denial of parole
Source reference: p.4-7Law Applied
Rule 5(C) of the C.G. Prisoners Leave Rules, 1989, which governs the eligibility and conditions for granting leave to prisoners
Source reference: p.3Article 226 of the Constitution of India
Source reference: p.2WPPIL No. 33/2025 (Suo Moto PIL Vs. State of Chhattisgarh & Others), specifically regarding the trend of prisoners failing to surrender after being released on bail or parole
Source reference: p.4-5Reasoning
The court evaluated the District Magistrate's order, noting that the primary ground for refusal was a legitimate apprehension of safety for the deceased's family
Source reference: para. 7The court integrated findings from a pending Suo Moto PIL (WPPIL No. 33/2025), wherein the Director General of Police (DGP) filed an affidavit stating that 38 out of 40 prisoners released on parole remained at large
Source reference: para. 8The court reasoned that the increasing frequency of prisoners absconding and failing to surrender post-parole, combined with the specific threat of recidivism or retaliation against the victim's family in this case, outweighed the petitioner's claim for leave
Source reference: para. 9-10The court found that the District Magistrate had rightly exercised discretion based on the material available
Source reference: para. 5, 10Holding
The Court held that given the circumstances and the broader issue of absconding convicts in the state, it was not inclined to grant the petitioner leave
The writ petition was dismissed, and the order of the District Magistrate rejecting the parole application was upheld
Source reference: para. 11Original Court PDF
SHIV KUMAR KOSHLE @ BABLUvsSTATE OF CHHATTISGARH
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