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2025 DAILYLAW 14422 (CHH)

MOHAN VERMA v. STATE OF CHHATTISGARH

WPCR/105/2024 · 2025-07-06

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:30795-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 105 of 2024 Mohan Verma S/o Kirit Verma, aged about 52 years R/o Jaraud, Police Station Bhatapara (Rural), Tahsil Bhatapara, District Balodabazar- Bhatapara (C.G.) In Central Jail Raipur, Prisoner No. 2425/09 --- Petitioner versus 1 - State of Chhattisgarh, through its Chief Secretary, Govt. of Chhattisgarh Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - State of Chhattisgarh Through Its Principal Secretary, Department Of Home (Jail) Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 - Director General (Prisons) Jail Headquarter Raipur, District Raipur (C.G.) 4 - The Jail and Corrrection Services Chhattisgarh Director General (Prisons) Jail, Jail Road, Raipur, District Raipur (C.G.) 5 - State Probation Board, through the Jail and Correction Services, Chhattisgarh, Raipur, District Raipur (C.G.) 6 - Jail Superintendent Central Jail Raipur, District Raipur (C.G.) 7 - Collector District Balodabazar-Bhatapara (C.G.) --- Respondent(s) For Petitioner : Mr. Chandrabhushan Kesharwani, Advocate For Respondents/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, C.J. 07.07.2025 1. Heard Mr. Chandrabhushan Kesharwani, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 Advocate, appearing for the State/respondents and perused the prayers and pleadings made in the writ petition. 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records from respondent authorities with regard to the prematured permanent release on probation of the petitioner, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to quash the order dated 15.03.2021 and issue an appropriate writ, order or directions to respondents for granting the remission of the remaining sentence of the petitioner, in the interest of justice. 10.3 Any other relief may also be granted in favour of the petitioner as may deem fit by the Hon'ble Court as per facts and circumstances of the case.” 3. After having perused the order dated 15.03.2021, a copy of which has been annexed as Annexure-P/1 goes to show that prayer for releasing the petitioner on remission has been rejected on the ground that the petitioner has not completed 14 years of imprisonment as he has only completed imprisonment of 09 years 10 months and 19 days. 4. Learned counsel for the petitioner submits that as on date, the petitioner has already completed imprisonment of 14 years and 01 months, hence he is entitled to be released on remission. 5. Considering the fact that the date on which the impugned order was passed, the petitioner did not undergone 14 years of imprisonment as is required under the law, hence, we do not find 3 any good ground for interference in the present matter. However, we leave it open to the petitioner to a fresh representation before the authority concerned within a period of two weeks from today and if the same is made, the same shall be considered expeditiously within a period of three months. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra