Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:23318-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 290 of 2025 1 - Govinda @ Sheikh Kaleem S/o Pratap @ Sheikh Kaleem (Wrongly Mentioned ) As Chhotu Nihai R/o Arvind Nagar Panjabi Colony Opposite To Sant Kanwar Ram School P.S. Civil Line Raipur District - Raipur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Home (Jail) Govt. Of Chhattisgarh Mantralay, Mahanadi Bhawan Atal Nagar, Nava Raipur District - Raipur (C.G.) - 492002 2 - Director General Jail And Correctional Services, Jail Headquarter Sector - 19, Nava Raipur Atal Nagar District - Raipur (C.G.) 3 - District Magistrate Raipur District - Raipur (C.G.) 4 - Superintendent Central Jail Raipur District - Raipur (C.G.) ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Renu Kochar, 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
, Chief Justice
12 .06
.2025
1. The present writ petition has been filed by the petitioner with the
2 following prayers:
“10.1 That this Hon'ble Court may kindly be pleased to issue a writ of mandamus thereby directing the respondents to release Petitioner as he has completed 16 years of his Jail sentence excluding the period of remission. 10.2 That, the Hon'ble Court kindly be pleased to direct the respondent authorities to pass order deciding the remission of the petitioner/convict in light of the provisions of law and dictum given by the Hon'ble Supreme Court in Lakshman Naskar Vs. Union of India and Ram Chander Vs. State of Chhattisgarh & Another. 10.3 That this Hon'ble court may be further pleased to pass any other consequential and other orders/writs which this Hon'ble court deems just and proper in the
facts and circumstances of the case.
2. Ms. Renu Kochar, learned counsel for the petitioner, submits that the petitioner is languishing in jail for the last 16 years and the Criminal Appeal filed by the petitioner has been dismissed. Thereafter, the petitioner has made application for his release to the competent authority on 16/04/2025, through speed post, receipt of the same has been filed along with annexure P-4. She would submit that the said application has not been decided yet.
3. Learned State counsel submits that the petitioner's application for remission is still pending and shall be considered in accordance
3 with law.
4. We have heard learned counsel for the parties, considered their rival submissions made herein-above and perused the records with utmost circumspection.
5. Considering the fact that the petitioner is languishing in jail for the last 16 years and the application for remission made on 16/04/2025 to the competent authority is still pending and the same has not been decided yet. Therefore, in the interest of justice, this Court deems its appropriate to direct to decide the pending application dated 16/04/2025 before the concerned respondent within a period of three months.
6. With the aforesaid directions, the instant writ petition stands
disposed off. No order as to cost(s). SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Amardeep