1 2025:CGHC:36386-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 340 of 2025 Sonau S/o Badriprasad Yadav Aged About 52 Years Convicted Prisoner, No. 2751/91, Fr/o Village Nawapara, Post Amonda, Police Station Nawagarh, District Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Jail, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 2 Director General (Prison) Jail And Correctional, Services, Sector 19, Atal Nagar, Nawa Raipur Chhattisgarh 3 Collector, Janjgir District Janjgir Champa Chhattisgarh 4 Superintedent Of Jail Central Jail Bilaspur District Bilaspur Chhattisgarh 5 Station House Officer Police Station Nawagarh, District Janjgir Champa Chhattisgarh ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.29 10:12:09 +0530 2 For Petitioner(s) : Ms. Maya Chaturvijani, Advocate For Respondent(s) : Mr. Swajeet Singh, P.L. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 28.07.2025 1. Heard Ms. Maya Chaturvijani, learned counsel for the petitioner. Also heard Mr. Swajeet Singh, learned Panel Lawyer for respondents/State. 2. The petitioner has filed this petition praying for following relief:- 10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of certiorari or any other appropriate writ, order, or direction to quash and set aside the impugned order dated 22.04.2025 (Annexure P-1) passed by the respondent No.1. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent authorities to consider the petitioner's proposal for remission of the remaining sentence afresh, in light of the principles of equality, fairness, and the petitioner's long incarceration and good conduct, within a stipulated time frame. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate. 3. Brief facts of the case are that the petitioner is a convicted prisoner detained in Central Jail Bilaspur (C.G.). The petitioner is in jail since 26.03.2009 and he has served the more than 16 years in jail. Vide judgment dated 17.05.2010, passed by the Learned 3 Sessions Judge, Janjgir, District Janjgir Champa in Session Trial No. 144/2009 the petitioner was convicted under sections 148, 302-302 and 307 of the Indian Penal Code, 1860 and was sentenced to undergo life imprisonment. 4. Learned counsel for the petitioner submits that the impugned letter/ order dated 22.04.2025 passed/ issued by the respondent no.2 is arbitrary, illegal and against the law. The impugned letter/ order dated 22.04.2025 has been passed/issued by the respondent No.2 just on basis of the bar/ban given in Rule 358(3) (g) (two) of C.G. Prisons Rule 1968 without considering his good conduct during his detention period. The petitioner has undergone actual jail sentence for the period of more than 16 years with earned remission, and therefore, the petitioner is entitled to pre- mature release under section 473 of the BNSS 2023 (432 of the Cr.P.C.). Further, the provision given in Rule 358 of C.G. Prisons Rule 1968 has been amended vide notification dated 23.04.2025 and at present there is no bar/ban on pre-mature release of the prisoners convicted under section 302/149 of the Indian Penal Code 1860, and therefore, the petitioner is eligible to be considered for pre-mature release under section 473 of BNSS 2023 (432 of the Cr.P.C.). Also, several prisoners convicted under section 302/149 of the Indian Penal Code 1860 have been released under remission of the rest part of sentence but in so far as the case of the petitioner is concerned, the same has been rejected on the ground of the bar/ban given in Rule 358(3)(g) 4 (two) of C.G. Prisons Rule 1968 and it is nothing but a clear discrimination again the petitioner. The case of the petitioner is similar to the case of Soyam Rama Vs State of Chhattisgarh (W.P.(Cr.) No. 448/2024 decided on 25.11.2024) and the case of Basant Verma Vs State of Chhattisgarh (W.P.(Cr.) No. 100/2025 decided on 21.03.2025). He further submits that the co- accused namely Shishupal has also been granted the benefit of remission vide order dated 16.10.2024 by this Court. 5. Learned counsel for the respondents/ State could not dispute the said fact that the impugned letter/ order dated 22.04.2025 has been passed/issued by the respondent No.2 just on basis of the bar/ban given in Rule 358(3)(g) (two) of C.G. Prisons Rule 1968 and not on merits and further, the provision given in Rule 358 of C.G. Prisons Rule 1968 has been amended vide notification dated 23.04.2025 and at present, there is no bar/ban on pre-mature release of the prisoners convicted under section 302/149 of the IPC, and therefore, the petitioner is eligible to be considered for pre-mature release under section 473 of BNSS 2023 (432 of the Cr.P.C.). 6. In view of the above facts and circumstances, the present petition stands disposed of, with liberty to the petitioner to make an application for remission in view of the amended provision given in Rule 358 of C.G. Prisons Rule, 1968 and the same shall be considered by the concerned authority, as expeditiously as 5 possible, in accordance with law. 7. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoner with identical situation be provided all the proper assistance for making a requisite application for remission in pursuance of the amended provision given in Rule 358 of C.G. Prisons Rule, 1968. 8. Registrar (Judicial) is directed to transmit the copy of this order to the Director General (Prison), State of Chhattisgarh forthwith for necessary information and follow up action. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar