1 2025:CGHC:33540-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 362 of 2025 1 - Brijram S/o Firangi Sahu Aged About 61 Years R/o Village Sonesilli, P.S. Gobra Nawapara, District Raipur Chhattisgarh, Is In Central Jail Raipur, Prisoner No. 9172/124 ... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department of Home (Jail) Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Secretary Department Of Home Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Deputy Director 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 (C.G.) 5 - Collector Gariyaband, District- Gariyaband (C.G.) ... Respondents For Petitioner : Mr. Om Prakash Sahu, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 17 . 07 .202 5 1. Heard Mr. Om Prakash Sahu, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Dy. Government Advocate, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 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. 3 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 08.04.2025 passed by respondent no. 3, 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. The petitioner's application for remission under Section 432(2) of the CrPC has been rejected vide order dated 27.03.2025 (Annexure-P/2) passed by the respondent No.1 and the same has been communicated to the petitioner vide letter dated 08.04.2025 (Annexure- P/1) 4. From perusal of the order dated 27.03.2025 passed by the respondent No.1, it transpires that the same has been passed 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, therefore, the petitioner is eligible to be considered for pre-mature release under Section 473 of the BNSS 2023 (432 of the Cr.P.C.). 3 5. In view of the above facts and circumstances, the present petition stands disposed off. The petitioner is directed to make fresh 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 within a period of six weeks from the date of receipt of such application, in accordance with law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra