2025:CGHC:48873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1007 of 2023 Kartami Rama S/o Hidma, Aged About 57 Years R/o Village Darbha, P.S. Sukma, District Sukma Presently Confined Lodged In Central Jail Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Under Secretary, Home (Jail) Department, Government Of Chhattisgarh, Mahanadi Bhawan, Nawa Raipur Atal Nagar,, District : Raipur, Chhattisgarh 2 - Director General (Prisons And Rehabilitaton Service) Jail Department, Jail Headquarters, Central Jail, Raipur, Chhattisgarh. 3 - Jail Superintendent Jagdalpur Central Jail, Jagdalpur, Chhattisgarh. ...Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Rohit Sharma, Advocate For Respondents/State : Shri Karan Kumar Bahrani, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23.09.2025 1. Petitioner has filed the present petition under section 482 of the CRPC 1973, challenging the Memo dated 09.12.2021 Annexure P2 passed by the learned 3rd Additional Sessions Judge, Bastar at Jagdalpur, CG, whereby the prayer for grant of remission to the petitioner was rejected, and send the recommendation to the concerned Jail Superintendent for incarceration of the petitioner / accused for 25 Digitally signed by V PADMAVATHI Date: 2025.09.25 10:50:52 +0530 Crmp 1007 of 2003 2 years. Petitioner is also challenging the order dated 09.11.2022 Annexure P3, and 01.12.2023 Annexure P4, whereby the prayer for grant of remission was rejected. 2. Learned counsel for the petitioner would submit that petitioner is a convict and is undergoing sentence of life imprisonment for the offence punishable under section 302 of IPC, which has been fastened by the 3rd Additional Sessions Judge, Bastar at Jagdalpur, CG, in case number-317 of 1999, and undergoing the sentence. After completing the sentence of total 19 years 7 months, petitioner moved an application for grant of remission, which was forwarded to the learned trial court for its opinion. Vide order dated 09.12.2021, learned trial court has opined that the petitioner / convicted prisoner had only completed 19 years 7 months 3 days, whereas he has to undergo total 25 years of jail sentence and therefore, under the provisions of 432 (2) CRPC, he recommended the same to the concerned jail superintendent. He would further submit that after rejection of his earlier prayers, at present, the petitioner has already completed more than 25 years of his jail sentence, and his case for grant of remission be forwarded again, to the learned trial court by the jail authority, vide memo dated 02.09.2025, which is pending for its consideration before the learned trial court since then. The documents annexed with the memo dated 02.09.2025 clearly reveal that the petitioner has completed more than 25 years of his jail sentence. Therefore, the learned trial court may be directed to take decision on the Crmp 1007 of 2003 3 recommendation made by the said jail authorities vide memo dated 02.09.2025 within the reasonable time, on its own merits. 3. On the other hand, learned counsel for the state would submit that since the convicted prisoner has already completed more than 25 years of his jail sentence, his request for remission was recommended to the learned trial court for its opinion. 4. I have heard learned counsel for the parties, and perused by the documents annexed with the petition. 5. From perusal of report/ recommendation dated 09.12.2021 Annexure P2, it transpires that the learned trial court had earlier opined that the petitioner / convicted prisoner should be kept under custody for a period of 25 years and the same has been recommended to the concerned jail authorities. At that time, petitioner was only completed 19 years, 7 months, and 3 days of his jail sentence. Presently, the document has been filed by the state on 15.09.2025 in the present petition, disclosing that as on 21.08.2025, as the petitioner / convicted prisoner completed 25 years 1 month and 7 days of his sentence, and thus, as per submission of the petitioner, there is no bar for the learned trial court to grant remission to the petitioner, in view of their earlier recommendation dated 09.12.2021. Therefore, without expressing anything on merits of the case, this court is of the opinion that it would meet the ends of justice that the learned trial court is to be directed to take a decision on the recommendation dated 02.06.2025 sent by the jail Crmp 1007 of 2003 4 Superintendent, Central Jail, Bastar at Jagdalpur, CG for remission of petitioner/convicted prisoner, to take a decision within two months from the date of receipt of copy of this order in accordance with law, on its own merits, and to inform the concerned jail Superintendent about their opinion. 6. 6. The state government is also directed to decide the claim of the petitioner / convicted prisoner regarding his claim of remission within further period of one month from the date of receipt of the recommendation from the concerned trial court, on its own merits in accordance with law. 7. With the aforesaid observation, present petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma