1 2025:CGHC:36738-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 429 of 2025 1 - Rajendra S/o Shri Ram Khilawan Verma Aged About 36 Years (Now Aged About 47 Years), R/o Katiyapara, Police Station City Kotwali, Distt. Bilaspur C.G. 2 - Dharmendra Verma S/o Ramesh Verma Aged About 26 Years (Now Aged About 37 Years), R/o Katiyapara, Police Station City Kotwali, Distt. Bilaspur C.G. 3 - Jeetu Bhoi S/o Paramahand Bhoi Aged About 25 Years (Now Aged About 36 Years), R/o Katiyapara, Police Station City Kotwali, Distt. Bilaspur C.G. 4 - Chandresh Bhoi S/o Shri Brij Lal Bhoi Aged About 26 Years (Now Aged About 37 Years), R/o Katiyapara, Police Station City Kotwali, Distt. Bilaspur C.G. ... Petitioners versus 1 - State of Chhattisgarh Through Its Secretary, Home Department (Jail) Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur C.G. Pin 492001 2 - The Under Secretary, State of Chhattisgarh, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur C.G. 3 - The Director General Prisons And Correctional Services Chhattisgarh, Head Quarter-Prisons And Correctional Services Chhattisgarh, Raipur C.G. 4 - The Jail Superintendent Central Jail Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.29 17:48:23 +0530 2 For Petitioners : Mr. Vijay Shankar Mishra, Advocate For State-Respondents : Mr. Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 29.07. 2025 1. Heard Mr. Vijay Shankar Mishra, learned counsel for the petitioners as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. 2. By way of this writ petition, the petitioners have prayed for following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner for it’s kind perusal. 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and declare the provision given in Rule 358(3)(g) (two) of C.G. Prisons Rule 1968 as illegal and unconstitutional. 10.3 The Hon’ble Court may kindly be pleased to issue a suitable writ, order or direction and quash/set-aside the letter/order dated 16.04.2025, 17.04.2025 & 08.05.2025 (Annexure P/2) issued/passed by the respondent no.2. 10.4 The Hon’ble Court may kindly be pleased 3 to issue writ in the nature of mandamus to direct the respondents to consider the cdase of the petitioners or direction commanding the respondent authorities to grant the petitioner remission under Section 473 of BNSS Act, 2023/432 of Cr.P.C. further be pleased to release the petitioners by granting remission in respect of rest part of the sentence imposed upon the petitioners. 10.5 That, Any other relief, which Hon’ble Court deems it fit proper, may also be provided in favour of the petitioner.” 3. The present writ petition has been preferred by the petitioner against the orders dated 16.04.2025, 17.04.2025 and 08.05.2025 passed by the respondent authorities, whereby the applications of the petitioners for remission of sentence imposed upon them, have 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 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 4 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