1 2025:CGHC:30773-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 366 of 2025 Tijau Ram Sahu S/o Rajaram Sahu Aged About 67 Years R/o Village Newari, P.S. Suhela, District Raipur Chhattisgarh, Is In Central Jail Raipur, Prisoner No. 9202/124 ... Petitioner(s) versus 1. State of Chhattisgarh Through Its, Principal Secretary, Department of Home (Jail) Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District – Raipur, Chhattisgarh. 2. Secretary Department of Home Mahanadi Bhavan, Mantralay, Atal Nagar, Naya Raipur, District – Raipur, Chhattisgarh. 3. Deputy Direcotr General (Prisons) Prison And Correctional Services Nawa Raipur Atal Nagar, Raipur, District – Raipur, Chhattisgarh. 4. Jail Superintendent of Police Raipur Central Jail Raipur, District – Raipur, Chhattisgarh. 5. Collector Raipur, District – Raipur, Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Om Prakash Sahu, Advocate. For Respondents/State : Mr. S.S. Baghel, Deputy Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.07 17:58:28 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.07.2025 1. Heard Mr. Om Prakash Sahu, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records from respondent No. 1 for kind perusal of the Hon’ble High Court. 10.2 That, this Hon’ble Court may kindly be pleased to quash/set-aside impugned memo dated 22.04.2025 passed by respondent No. 1, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to issue a writ order or directions to respondents for granting the remission of the conviction period under the provisions of Section 432(2) of Cr.P.C. as per similar order Annexure P/6, in the interest of justice. 10.4 Any other relief may also be granted in favour of the petitioner as may deem fit by the Hon’ble Court as per facts and circumstances of the case.” 3 3. Learned counsel for the petitioner submits that the petitioner was charged under Sections 147, 148, 452, 302/149, 427, 435/149, 325/149 and 323 and 149 of the Indian Penal Code (IPC) and the learned Special Judge (Atrocities), Raipur, District Raipur (C.G.) has passed the conviction of sentence judgment dated 04.11.2011 passed in Sessions Trial No. 18 of 2009. He further submits that the learned Special Judge Atrocities Act, Raipur has issued memo dated 27.09.2024 to the Jail Superintendent Central Jail, Raipur with regard to recommendation of under Section 432 and State of Chhattisgarh, Jail Department has passed the memo dated 20.05.2025. 4. It is further submitted by the learned counsel for the petitioner that respondent No. 1/Secretary, Raipur on 22.04.2025 issued an order and thereby declined to grant benefit of remission to the petitioner as per provisions of Section 432(1) of CrPC (now Section 473(1) of the BNSS, 2023) and in light of opinions of the Presiding Judge, Jail Superintendent, Director General (Jail) as also the judgments passed from time to time by Hon'ble Supreme Court and the Hon'ble High Courts in this regard. Hence, this petition. 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. 1 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 4 considered for pre-mature release under Section 473 of the BNSS 2023 (432 of the Cr.P.C.). 6. In view of the above facts and circumstances, the present petition stands disposed off, 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 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/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan