1 2025:CGHC:25755-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 196 of 2025 Raviranjan Kumar Singh S/o Umesh Singh Aged About 54 Years Convict No. 9362/124, Lodged In Raipur Central Jail, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 State Of Chhattisgarh Through Chief Secretary, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 Under Secretary Jail Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 Director General Of Prisons The Jail And Correctional Services Chhattisgarh, Jail Road, Raipur, District Raipur Chhattisgarh. 5 Jail Superintendent Central Jail, Raipur, District Raipur Chhattisgarh. ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.20 10:15:58 +0530 2 For Petitioner : Ms. Rajni Soren, Advocate. For Respondents/State : Mr. Sangharsh Pandey, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 19.06.2025 1. Heard Ms. Rajni Soren, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Deputy Government Advocate appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “Issue a writ of certiorari setting aside order dated 03.02.2025 passed by Under Secretary, Chhattisgarh Government, Jail Department; (ii) Issue a writ of mandamus directing the respondents to grant remission to the petitioner under section 432 of Cr.P.C. and release the petitioner; (iii) Issue writ of mandamus directing the respondents to reconsider the petitioner's application for release u/s 432 of Cr.P.C. 3 (iv) Pass any other order the Hon'ble Court may deem fit in the interest of justice.” 3. Learned counsel for the petitioner would submit that the petitioner is a life convict lodged in Raipur, Central Jail. She further submits that the petitioner has served about 28 years in jail and a total of 37 years, inclusive of remission. She further submits that, the petitioner has filed an application for grant of remission under Section 432 of Cr.PC before the Under Secretary, C.G. Government, Jail Department but the same has been rejected vide order dated 13.02.2025. She further submits that the order of rejection is illegal and arbitrary and has been passed without application of mind and in violation of the provision of section 432 of Cr.PC. 4. Learned State counsel submits that the petitioner is habitual offender and the petitioner’s application for remission has been rejected after due consideration, as the petitioner is under trial in another pending criminal case, Sessions Case No. 744/2007 (Patna) under Section 147, 148, 149, 341, 323, 326, 307 of IPC and is pending before the 9th Additional Sessions Judge, Patna (Bihar). He further submits that as per the notification dated 14.12.2001 issued by Jail Department Government of C.G. Rule 358 of the C.G. Prison Rules, 1968 prisoners convicted under Section 120-B of IPC could not be considered for premature release. 5. We have heard learned counsel for the parties and perused the 4 impugned order and the material available on record. 6. Perusal of the records shows that the petitioner is under trial at Patna and further as per the notification dated 14.12.2001 issued by Jail Department Government of C.G. Rule 358 of the C.G. Prison Rules, 1968 prisoners convicted under Section 120-B of IPC could not be considered for premature release. 7. Considering the facts and circumstances of the case particularly considering the fact that there is one pending criminal proceeding against the petitioner, therefore, we do not find any good ground to entertain this petition, thus the present WPCR is dismissed Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Jyoti