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2025 DAILYLAW 35781 (CHH)

SHEETAL v. STATE OF CHHATTISGARH

WPCR/412/2025 · 2025-07-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:34402-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 412 of 2025 Sheetal S/o Rampjal Aged About 45 Years R/o Village - Manja P.S. - Ramnaujnagar District - Surguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Department of Jail Correctional Services, Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur, District Raipur (C.G.) 2 - Additional Secretary, Govt. of Chhattisgarh, Departmet of Jail, Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur, District Raipur (C.G.) 3 - Director General of Jail And Correctional Services, Headquarters, Jail And Correctional Services, Sector - 19, Nawa Raipur Atal Nagar, Raipur District Raipur 492002. 4 - Superintendent of Jail, Central Jail Ambikapur, District Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Varun Sharma, Advocate For State-Respondents : Mr. Shaleen Singh Baghel, Deputy Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 21.07. 2025 1. Heard Mr. Varun Sharma, learned counsel for the petitioner as well as Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.21 17:45:31 +0530 2 2. By way of this writ petition, the petitioner has prayed for following relief(s):- “10.1 That this Hon'ble Court may be kind enough to call for the records of the case from the Respondents. 10.2 That this Hon'ble Court may kindly be pleased to set-aside the order dated 17/04/2025 (Annexure P/1) passed by the respondent no.1/State Government. 10.3 That this Hon'ble Court may kindly be pleased to issue a writ of mandamus thereby directing the respondents to release Petitioner granting remission under the provisions of section 473 of the Bhartiya Nagarik Suraksha Samhita, 2023 (Section 432 Of Cr.P.C.). 10.4 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.” 3. The present writ petition has been preferred by the petitioner against the order dated 17.04.2025 passed by the respondent No.2/ Additional Secretary, Jail Department, State of Chhattisgarh, whereby the application of the petitioner for remission of sentence imposed upon him, has been rejected. 4. Learned counsel appearing for the parties submit that the issue involved in this writ petition has already been considered and decided by this Court vide judgment dated 30.06.2025 passed in 3 WPCR No.353 of 2025, whereby the Division Bench of this Court has held as under:- “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 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.” 5. In view of the above, the present writ petition is disposed of in terms of the order dated 30.06.2025 passed by this Court in WPCR No. 353 of 2025. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu