1 2025:CGHC:33177-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 400 of 2025 Toranlal S/o Asharam, Aged About 38 Years R/o Village Sone Silli, Thana Gobrapara, Nawapara, District Raipur Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Additional Secretary, Home (Jail), Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 Director General, (Prisons And Rehabilitation Services), Jail Department, Jail Headquarters, Sector-19, Nava Raipur Atal Nagar, Raipur Chhattisgarh 3 Jail Superintendent, Raipur Central Jail Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vikash Kumar Pandey, 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 16.07.2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.17 10:16:46 +0530 2 1. Heard Mr. Vikas Kumar Pandey, 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 quash the order dated 19.05.25 and 08.05.25 (Annexure P/1) passed by the respondent authorities and direct the Respondent State to prematurely release the petitioner, in accordance with law, in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit in the interest of justice.” 3. Brief facts of the case are that the petitioner is a convicted prisoner detained in Central Jail Raipur (C.G.). The petitioner is in jail since 06.04.2009 and he has served the total of 16 years and 03 months in jail. Vide judgment dated 17.10.2011, passed by the Learned Upper Session Judge, Gariyaband District Raipur C.G. in Session Trial No. 38/2009 the petitioner was convicted under sections 148, 302/149, 302/149, 302/149, 460, 323/149, 342 of the Indian Penal Code, 1860 and was sentenced to undergo life imprisonment. On 11.05.2024, the proposal was sent by Jail Superintendent, Central Jail Raipur for opinion of the learned Session Judge, Raipur for grant of remission to the petitioner. Thereafter, the Sessions Judge Raipur vide memo dated 12.06.2024 opined that the petitioner is eligible for remission. However, the same has been rejected by order dated 19.05.2025 3 & 08.05.2025 by respondent No. 2 on the ground that there is ban/bar on premature release of the prisoners convicted under section 302/149 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 19.05.2025 passed/ issued by the respondent no.2 is arbitrary, illegal and against the law. The impugned letter/ order dated 19.05.2025 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 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 4 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 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 19.05.2025 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. 5 7. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoner 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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar