1 2025:CGHC:25574-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 327 of 2025 1 Manoj Agrawal S/o. Late Shri Shankar Lal Agrawal Aged About 56 Years R/o. Jagmal Chowk, Bilaspur, Police Station - City Kotwali, Bilaspur, District - Bilaspur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through- The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur (C.G.) 2 The Director General Prisons And Correctional Services Chhattisgarh, Head Quarter - Prisons And Correctional Services Chhattisgarh, Raipur (C.G.) 3 The Jail Superintedent Central Jail, Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. Rishi Rahul Soni, Advocate. For Respondents/State : Mr. Sangarsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.20 10:15:58 +0530 2 Per Ramesh Sinha , Chief Justice 19.06.2025 1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner. Also heard Mr. Sangarsh Pandey, G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: 10.1 The Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner for it's kind perusal; 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondent authorities to consider the case of the petitioner for pre-mature release as early as possible preferably within a period of one month; and 10.3 Any other relief, which this Hon'ble Court may deem fit and proper looking to the facts and circumstances of the case, may also kindly be granted in favour of the petitioner. 3. The petitioner was convicted vide judgment dated 30.04.2012, passed by the learned Session Judge Bilaspur District Bilaspur (C.G.) in Session Trial No. 169/2010 convicted under Section 147, 148, 302, 302/149 of IPC 1860 and Section 25 & 27 of Arms Act 1959 and 3 maximum sentence has been awarded by the trial Court under Section 302 of IPC to undergo imprisonment for life. 4. Learned counsel for the petitioner would submit that the petitioner had sought information from the jail under the RTI Act which has been supplied on 04.02.2025 informing that the petitioner has completed 14 years 4 months period and has earned remission of 3 years 5 months 25 days, therefore, the petitioner has completed more than 17 years of imprisonment together and earned remission. He further submits that the State is under obligation to consider the petitioner’s case for pre- mature release under Section 473 of BNSS 2023 (432 of the CPC). The term of imprisonment undergone by the petitioner together with earned remission is more than 14 years, therefore, the petitioner is entitled to be considered for pre-mature release in the light of provision given in Rule 698 of C.G. Prisons Rule 1968 but the extreme arbitrariness on the part of the respondent authorities who are not considering the case of the petitioner for grant of pre-mature release. 5. Learned State Counsel submits that the Rule 358 of the Prisoners Rule has been amended by the State and necessary notification has been issued on 23.04.2025 and he states that the pre-mature release of the petitioner can be decided by State Sentence Review Board and as per the eligibility of prisoners for consideration before the State Sentence Review Board, it has been stated that now pre-mature release of the petitioner-accused is to be considered, if he has completed 14 years of the sentence and there are sentence exceptions 4 as POCSO, NDPS and other. He states that the petitioner may move an application before the authorities concerned, the same shall be decided as per the amended Rule, vide amendment dated 23.04.2025. 6. At this point, the attention of this court is drawn to the matter of co-accused in WPCR No. 483 of 2024, the issue involved in the present matter has already been considered and decided by this court on 05.05.2025 in the case of Jay Jaiswal @ Gudda Jaswal Vs. State of C.G. and others (WPCR No. 483 of 2024) whereby the bench of this court has held as under:- 7. As per amendment in Rule 358 of Premature release of prisoners sentences to imprisonment for life:- Rule 358 (5) (i) of the said Rule as under:- 358(5)(1): Eligibility of Prisoners for consideration before the State Sentence Review Board:- (i) Prisoners sentenced to imprisonment for life falling within the purview of Section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) or prisoners sentenced to death whose sentence has been commuted to life imprisonment under the prevailing law, and who have undergone actual imprisonment of 14 years. 8. In view of the submission made by the State counsel, the petitioner is directed to move an application afresh within a period of two weeks and the concerned authorities shall consider the case of the petitioner afresh within a period of two months from 5 the date of receipt of the said application. 9. Accordingly, the present WPCR stands disposed off. 7. In view of the above, the present WPCR is disposed off in terms of the order passed by this court on 05.05.2025 in the case of Jay Jaiswal @ Gudda Jaswal Vs. State of C.G. and others in WPCR No. 483 of 2024. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ Sourabh