[Cites 3, Cited by 0]
Chattisgarh High Court
Shiv Kumar Koshle @ Bablu vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally signed 2026:CGHC:13120-DB
SAGRIKA by SAGRIKA
AGRAWAL
AGRAWAL Date: 2026.03.19
17:49:07 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 134 of 2026
Shiv Kumar Koshle @ Bablu S/o Lt. Shri Jagdish Prasad Koshle Aged
About 40 Years R/o Nayapara Ganesh Nagar, P.S. Sirgitti, District
Bilaspur, (Cg), Present Address- Chandni Chowk, Near Durga Mandir,
Loco Kholi, Bilaspur, P.S. Sirgitti, District- Bilaspur (Cg)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary, Home (Jail)
Department, Mantralaya, Mahanadi Bhawan, Raipur (Cg)
2 - The Director Deneral Prisons And Correctional Services
Chhattisgarh, Head Quarter-Prisons And Correctional Services
Chhattisgarh, Raipur (Cg)
3 - The District Megistrate Bilaspur (Cg)
4 - The Senior Superintendent Of Police Bilaspur (Cg)
5 - The Jail Superintendent, Central Jail Bilaspur (Cg)
... Respondent(s)
For Petitioner(s) : Mr. Rishi Rahul Soni, Advocate
For Respondent(s) : Mr. S. S. Baghel, Govt. Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
19.03.2026
1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner as
well as Mr. S. S. Baghel, learned Govt. Advocate for the State/
respondent.
2. The present petition filed by the petitioner under Article 226 of
Constitution of India, claiming the following reliefs:-
"10.1 The Hon'ble Court may kindly be pleased to call
for the entire records pertaining to this case from
possession of the respondents for it's kind perusal;
10.2 The Hon'ble Court may kindly be pleased to issue a
suitable writ, order or direction and quash the order
dated 23.09.2025 (Annexure P/1) passed by the
respondent no.3 in Criminal Case No. 29/2025 and the
application (Annexure P/3) filed by the petitioner under
C.G. Prisoners leave Rule 1989 may kindly be allowed;
10.3 Any other relief, which this Hon'ble Court may
deem fit and proper, may also be passed in favour of the
petitioner."
3. The subject matter in brief is that the petitioner is an accused in
Crime No. 620/2021, registered at P.S. Kodenar, for the offence
under Section 302 of IPC for commission of murder of the
deceased Priti Koshle. After the trial of the case before the
learned trial Court, the present petitioner has been convicted by
the learned 6th Addl. Sessions Judge, Bilaspur, for the offence
under Section 302 of IPC vide judgment of conviction and
sentence dated 26.11.2024. The petitioner is presently lodged in
Central Jail, Bilaspur (C.G.) since 01.11.2021. He preferred
Criminal Appeal No. 525/2025 before this Court, which was
admitted on 11.06.2025 and is pending for consideration. During
the pendency of the appeal, the petitioner applied for grant of 14
days leave under the C.G. Prisoners Leave Rules, 1989 on
06.08.2025, which was initially recommended by the competent
authority on 13.08.2025; however, subsequently, the
recommendation was not supported by the respondent
authorities, and the application was ultimately rejected by the
respondent no. 3 vide order dated 23.09.2025, which was later
communicated to the concerned authorities on 29.09.2025.
4. Learned counsel for the petitioner would submit that the petitioner
is detained in jail from 01.11.2021 which comes to more than 4
years and till date, he has not been granted any leave/ parole by
the respondent authorities. As per Rule-5(C) of the Rules, 1989,
the petitioner is entitled for leave, however, the authorities have
rejected his application for the grant of leave on the ground that
objections were raised by the family members of the deceased, it
is also apprehended that the accused/ petitioner, if the petitioner
would be released on parole, there is every possibility of the
recurrence of an incident with the family members of the
deceased. He would further submit that the petitioner is ready to
furnish adequate surety as if he is ordered to be released on
parole, therefore, the petition may be allowed and he may be
granted leave/ parole.
5. On the other hand, learned counsel appearing for the State
opposes and submitted that after considering the material
available with the District Magistrate, Bilaspur, he has rightly
passed the order.
6. We have heard learned counsel for the parties and perused the
material annexed with the writ petition.
7. From perusal of the order impugned, it transpires that there was
an objection raised by the family members of the deceased that if
the petitioner would be released on parole, there is every
possibility of the recurrence of an incident with the family
members of the deceased.
8. Apart from the consideration of the District Magistrate, Bastar, we
noticed the issue involved in WPPIL No. 33/2025 (In the matter of
Suo Moto Public Interest Litigation Vs. State of Chhattisgarh &
Others ), which is pending before this Court. In the said WPPIL
No. 33/2025, on being direction made by this Court, the Director
General of Police, PHQ, Chhattisgarh, filed his affidavit informing
the fact about number of absconding accused persons who have
been released on bail. It is necessary to reproduce the relevant
part of the affidavit of the Director General of Police, Chhattisgarh,
Raipur, which has been observed in the order dated 08.12.2025 in
the WPPIL No. 33/2025, which reads as under:-
"4. That, the deponent most humbly and respectfully
submits that in order to comply with the order of the
Hon'ble Court, the deponent has immediately acted
upon the letter of the office of the Advocate General
dated 17/10/2025 and in continuation of the same, on
22/10/2025 necessary instructions and directions have
immediately been issued to all the Range Inspector
General of Polices including the Rail to ensure arrest
and entry of40 prisoners who are still absconding, into
the jail by carrying out a special drive in this regard and
submit a report about the efforts made for arrest of the
accused persons by the concerned Police by 02/12/2025
by enclosing the list of 40 absconding prisoners, who
were released on parole, but, have not surrendered and
are still absconding so that the order of the Hon'ble
Court can be complied with by submitting the information
in this regard. To demonstrate this fact, copy of the letter
dated 22/10/2025 is filed herewith as Annexure A/3.
5. on That, the deponent most humbly and respectfully
submits that taking cognizance of poor performance /
efforts / progress in arresting the absconding prisoners,
29/10/2025 a DO letter dated 29/10/2025 has personally
been written to all the Range Inspector General of
Polices, Chhattisgarh to carry out a special drive for
arresting the remaining absconded accused and further
ensure their entry into the jail after their arrest by
preparing a working plan in this regard under the
supervision of concerned District Superintendent of
Polices. To demonstrate this fact, copies of the DO
letters dated 29/10/2025 are filed herewith as Annexure
A/4 colly.
6. That, the deponent most humbly and respectfully
submits that as per the information received from 5
Circle Jails of the State, as on 02/12/2025, 2 absconded
prisoners of Circle Jail Ambikapur and Circle Jail
Jagdalpur have been arrested out of total40 prisoners
and remaining is 38 in number. To demonstrate this fact,
copy of the chart showing arrest of 2 absconded
prisoners out of 40 prisoners is being filed herewith as
Annexure A/5.
7 That, the deponent respectfully submits that the Police
Personnel have made their all sincere and best efforts to
arrest the aforesaid 40 absconded prisoners / accused
and as a result of which the Police has succeeded in
arresting 2 absconded prisoners. It is respectfully
submitted that to arrest the remaining 38 absconding
prisoners, the continuous efforts are being made by the
concerned Police Officials and as soon as the said
accused persons are arrested, they would be produced
before the concerned learned Trial Court from where
they will be sent to the Jail. That, the deponent most
respectfully submits that he has the highest regard and
respect for the lawful authority of this Hon'ble Court as
well as its orders and directions issued from time to time
and is duty bound to adhere to and abide by the orders."
9. This Court also noticed the increasing number of absconding
accused persons who have been either released on parole or bail
that once they have been released on bail/parol, they are not
surrendering after completion of their period of parole.
10. Therefore, considering the entire facts and circumstances of the
case and in view of the aforesaid considerations, we are not
inclined to release the petitioner on leave.
11. Consequently, his writ petition is dismissed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
sagrika
