1 2025:CGHC:28891-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 353 of 2025 Santosh S/o Shri Dukhuram Suryavanshi Aged About 57 Years R/o Village Daija, Police Station Takhatpur, District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh 2 - The Under Secretary, State Of Chhattisgarh, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh 3 - The Director General, Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh 4 - The Jail Superintendent Central Jail, Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rishi Rahul Soni, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 30.06.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.01 10:27:43 +0530 2 1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Advocate General for respondents/State. 2. The petitioner has filed this petition praying for following relief:- “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 and quash/set-aside the letter/ order dated 04.09.2024 (Annexure P/1) issued/passed by the respondent no.2; 10.3 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondent authorities to grant the petitioner remission under 473 of Bharatiya Nagrik Suraksha Sanhita 2023/432 of the Code of Criminal Procedure 1973 and further be pleased to release the petitioner by granting remission in respect of the rest part of the punishment/sentence imposed upon the petitioner vide judgment of conviction and sentence dated 29.10.2010 (Annexure P/4); and 10.4 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. Brief facts of the case are that the petitioner is a convicted prisoner detained in Central Jail Bilaspur (C.G.). The petitioner was in jail for the period from 18.01.2002 to 27.11.2002 and 11.01.2010 to 04.03.2020 and thereafter, he is in jail since 14.03.2020. On 29.10.2010, the petitioner, vide judgment dated 29.10.2010, passed by the Learned 5th Additional Session Judge 3 Bilaspur (C.G.) in Session Case No. 279/02, was convicted under sections 147 & 302/149 of the Indian Penal Code 1860 and was sentenced to undergo rigorous imprisonment for 02 years and to pay fine of Rs. 500/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 03 months for conviction under section 147 of the Indian Penal Code 1860 and to undergo life imprisonment and to pay fine of Rs. 500/- and in default of fine amount to undergo additional rigorous imprisonment for 03 months for conviction under section 302/149 of the Indian Penal Code 1860. On 15.01.2024, the case of the petitioner for grant of remission under section 432 of the Code of Criminal Procedure 1973 was prepared and the case was sent for opinion to the Learned 6th Additional Session Judge Bilaspur (C.G.). On 01.02.2024, the memo dated 01.02.2024 was issued by the Learned 6th Additional Session Judge Bilaspur (C.G.), and thereby, opinion was given to accept the application under section 432 of the Code of Criminal Procedure 1973 if otherwise found lawful and proper. On 12.02.2024, the case of the petitioner for grant of remission under section 432 of the Code of Criminal Procedure 1973 was sent to the respondent No.3. On 04.09.2024, the letter/order dated 04.09.2024 has been issued/passed by the respondent No.2, thereby, rest part punishment/sentence imposed upon the petitioner has been refused to be remitted/reduced by the respondent No.2 on the ground that there is ban/bar on pre mature release of the prisoners convicted under section 302/149 4 of the Indian Penal Code 1860 in light of the provision given in Rule 358 of C.G. Prisons Rule 1968. Hence this petition. 4. Learned counsel for the petitioner submits that the impugned letter/ order dated 04.09.2024 passed/ issued by the respondent no.2 is arbitrary, illegal and against the law. The impugned letter/ order dated 04.09.2024 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 and has completed more than 21 years of imprisonment together 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) (two) of C.G. Prisons Rule 1968 and it is nothing but a clear 5 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). 5. Learned counsel for the respondents/ State could not dispute the said fact that the impugned letter/ order dated 04.09.2024 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 possible, in accordance with law. 7. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoners with identical situation be provided all 6 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 Manpreet