1 2025:CGHC:33175-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 379 of 2025 Rakesh Sahu S/o Ramgarib Sahu, aged about 33 years R/o Village Sonesilly, P.S. Gobranawapara, District Raipur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Department of Home/jail, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - Jail Superintendent, Central Jail, Raipur, District Raipur (C.G.) 3 - The Director General Jail and Sudharatmak Services Chhattisgarh Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Hamuman Prasad Agrawal, Advocate. For Respondents/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 16 . 07 .202 5 1. Heard Mr. Hanuman Prasad Agrawal, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 “10.1 That this Hon'ble court may kindly be pleased to issue writ of mandamus, direction/order to the respondents to refer the case of petitioner to review committee or before the Hon'ble Governor as the case may consider and give benefit to the petitioner under Section 432 of Cr.P.C. as well as under Article 161 of the Constitution of India. 10.2 That this Hon'ble court may kindly be pleased to direct the respondents to reconsider the period of imprisonment of the petitioner as well as the total imprisonment period that should be read as 20 years. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to call for the entire records of the case. 10.4 Another relief/reliefs which may deem fit and proper in the facts and circumstances of the case, may arise be allowed.” 3. The petitioner's application for remission under Section 432(2) of the CrPC has been rejected vide order dated 08.05.2025 passed by the respondent No.1 and the same has been communicated to the petitioner vide letter dated 19.05.2025. 4. From perusal of the prayers, it transpires that the petitioner has not challenged the orders dated 08.05.2025, whereby the application for remission under Section 432(2) of the CrPC has been rejected by the respondent No.1 as well as letter dated 19.05.2025, whereby the same has been communicated to the petitioner. 5. Considering the aforesaid fact, the matter has been allotted to Mr.Hanuman Prasad Agrawal, learned counsel through Legal, we ignore the said defects. 6. From perusal of the order dated 08.05.2025 passed by the respondent No.1, it transpires that the same has been passed just on 3 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.). 7. 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. 8. 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. 9. 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 Chandra