1 2025:CGHC:41953-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 464 of 2025 Rikhi Ram S/o Brijram Sahu, Aged About 36 Years Convict No. 9168/124, Lodged In Raipur Central Jail, Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Chief Secretary, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 2. Secretary, Department of Home Affairs, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 3. Under Secretary, Department of Jail, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 4. Director General, Prisons, The Jail and Correctional Services, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 5. Jail Superintendent, Central Jail Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner : Ms. Sofia Khan, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.20 15:35:42 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 20.08.2025 1. Heard Ms. Sofia Khan, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon’ble Court be pleased to issue writ of certiorari setting aside the order dated 17.04.2025 (Annexure P/1) passed by the Under Secretary, Government of Chhattisgarh, Jail Department, Raipur. 10.2 That, this Hon’ble Court be pleased to issue writ of mandamus by directing the respondents to reconsider the petitioners application for grant of remission under Section 432 of the Cr.P.C. and release the petitioner. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Learned counsel for the petitioner submits that the petitioner, along with other co-accused persons, was convicted and sentenced in S.T. No. 38 of 2009 vide judgment dated 17.10.2011 passed by the learned Additional Sessions Judge, Gariyaband, District Raipur (C.G.). The conviction was for offences punishable under Sections 302/149 IPC 3 (three counts – sentenced to life imprisonment), 148 IPC (R.I. for 3 years), 460 IPC (R.I. for 10 years), 323/149 IPC (R.I. for 1 year), and 342 IPC (R.I. for 3 months), with a total fine of Rs. 4,000/-, and in default, R.I. for 4 months. All sentences were directed to run concurrently. It is further submitted that the petitioner has been in custody since 06.04.2009 and has undergone more than 16 years of imprisonment. In these circumstances, the Superintendent of Jail, Raipur forwarded an application seeking remission of the remaining sentence of the petitioner to the learned Additional Sessions Judge, Gariyaband, for his opinion. The learned Additional Sessions Judge, after due consideration, recommended remission of the petitioner’s sentence. 4. Learned counsel further submits that despite such recommendation, the Under Secretary, vide order dated 17.04.2025, rejected the petitioner’s application under Section 432 of the Cr.P.C. on the ground that the Presiding Judge of the trial Court had merely expressed that the case may be dealt with in accordance with the Jail Manual, and that Rule 358(3)(छ)(2) of the C.G. Jail Rules, 1968 prohibits consideration of cases of prisoners convicted under Sections 302/149 IPC for premature release. On that basis, the petitioner was held ineligible for remission at present. Hence, this petition. 5. Learned counsel for the respondents/State does not dispute the fact that the impugned order dated 17.04.2025 was passed solely on the basis of the bar contained in Rule 358(3)(g)(2) of the C.G. Prison 4 Rules, 1968, and not on merits. It is also not disputed that Rule 358 of the said Rules has been amended vide notification dated 23.04.2025, and under the amended provision, there is no longer any bar on premature release of prisoners convicted under Section 302/149 of the IPC. Therefore, the petitioner’s case is now liable to be considered for premature release under Section 473 of the BNSS, 2023 (corresponding to Section 432 Cr.P.C.). 6. In view of the aforesaid facts and circumstances, this petition is disposed off with liberty to the petitioner to submit a fresh application for remission in light of the amended provisions of Rule 358 of the C.G. Prison Rules, 1968. The concerned authority shall consider and decide the same, in accordance with law, as expeditiously as possible. 7. The Director General (Prisons), State of Chhattisgarh, is directed to ensure that all similarly placed prisoners are provided due assistance in making necessary applications for remission under the amended provisions of Rule 358 of the C.G. Prison Rules, 1968. 8. The Registrar (Judicial) is directed to forthwith transmit a copy of this order to the Director General (Prisons), State of Chhattisgarh, for necessary information and compliance. Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan