Chhattisgarh High Court grants 14-day parole to a life convict, holding that vague police apprehensions cannot justify denial.

News Citation : 2026 LN (HC) 104 | 2026:CGHC:1890-DB

January 13, 2026 : The Chhattisgarh High Court has granted 14 days’ parole to a life convict after setting aside an order of the District Magistrate, Sakti, which had rejected the prisoner’s leave application based solely on police apprehensions.

A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal allowed a criminal writ petition filed by Amrit Lal Madhukar, who is serving a life sentence in connection with a murder case. The court held that the District Magistrate failed to apply the mandatory provisions of the Chhattisgarh Prisoner’s Leave Rules, 1989, while rejecting the parole request.

Madhukar has been in custody since December 14, 2021, and was convicted on September 5, 2024, under Sections 147, 148, and 302 read with Section 149 of the Indian Penal Code. His parole application was rejected on June 9, 2025, after the Superintendent of Police reported that the victim’s family feared potential harm to life and property if the prisoner were released.

The High Court observed that the District Magistrate merely echoed the police opinion without independently examining the statutory requirements under Rules 4, 6, 9, 11, and 12 of the 1989 Rules. The Bench noted that vague apprehensions or speculative fears cannot, by themselves, justify denial of parole.

Relying on the Supreme Court’s decision in Shor v. State of Uttar Pradesh, the court reiterated that parole cannot be refused simply because the offence is serious or heinous. The conduct of the prisoner and compliance with statutory criteria must be assessed, and administrative authorities cannot bypass these considerations.

Finding the rejection order legally unsustainable, the High Court quashed the District Magistrate’s decision and directed that Madhukar be released on parole for 14 days. The court instructed the Collector-cum-District Magistrate, Sakti, to verify the sureties and issue the release order.

The court further permitted the authorities to impose conditions, including furnishing sureties of ₹1 lakh each from two family members and requiring the petitioner to mark daily attendance before the District Magistrate during the parole period. Madhukar has been directed to surrender before the concerned jail authority at 11:00 a.m. upon completion of the 14 days. With these directions, the writ petition was allowed.

Case Reference : W.P.(Cr.) No. 19 of 2026, Amrit Lal Madhukar v. State of Chhattisgarh & Others; Counsel for the Petitioner: Mr. Rahul Goswami, Advocate; Counsel for the Respondent-State: Mr. N.K. Jaiswal, Deputy Government Advocate.