1 2025:CGHC:37209-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 427 of 2025 1 - Rajendra Kumar Choubey S/o Late Shri Makhan Prasad Choubey Aged About 79 Years R/o Ward No. 4 Shitla Para, Simga, Distt. Baloda Bazaar-Bhatapara C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Jail, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur C.G. 2 - Jail Superintendent, Central Jail, Durg, Distt Durg C.G. 3 - State Central Review Board Through Its Chairman, Raipur C.G. 4 - Director General Of Police (Prison And Correctional Services) Sector 19 Nava Raipur C.G. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Siddhant Kumar Das, Advocate. For Respondents/State : Shri Sangharsh Pandey, Govt. Advocate. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.31 18:42:20 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 30.07.2025 1. The present WPCR has been filed with the following prayer:- 10.1. The Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner’s Son for its kind perusal. 10.2. The Hon’ble Court may kindly be pleased to direct the respondent State to place the case of the petitioner’s son before the State Sentence Review Board for his release. 10.3. The Hon’ble Court be pleased to consider the award of appropriate compensation on account of unnecessary detention of the petitioner’s son. 10.4. Any other relief, which this Hon’ble Court may deem fit and proper, including cost of the petition. 2. Facts of the case, as projected in the writ petition are that the petitioner, who is the father of Raju alias Devendra Choubey preferred the present writ petition stating that his son has been convicted for offence under Section 302/34 and 120 B of IPC by the Additional Sessions Judge Bemetara by judgment dated 29.01.2005 in S.T. No. 44/04. Against the said judgment 3 he preferred an appeal which was dismissed by the Division Bench of this Court in CRA No. 244/05 by judgment dated 17.09.2010. Their against the son of the petitioner preferred CRA No. 822/12 before the Supreme Court, the Supreme Court also dismissed the same by judgment dated 21.08.2014. According to the petitioner the son of the petitioner completed more than 20 years of Jail sentence and the other co-accused who have been sentenced to undergo life imprisonment have already been released from the Central Jail Durg, but the said benefit has not been extended in favour of the son of the petitioner. Thereafter the petitioner is running from pillar to post for release of his son and even he approached Hon’ble the Governor of Chhattisgarh by filing mercy petition under Article 161 of the Constitution of India which has been declined by order dated 03.11.2021, by the Hon’ble Governor of Chhattisgarh. Thus, this petition. 3. Learned counsel for the petitioner submits that the petitioner has preferred mercy petition under Section 161 of the constitution of India and the same was rejected by Hon’ble the Governor of Chhattisgarh on 03.11.2021. It is stated that the petitioner’s application for grant of remission, in respect of his 4 son, is pending before the District Magistrate. The said prayer for grant of remission was forwarded by the Jail Superintendent to the concerned authority on 30.06.2025 and on 15.07.2025, it is stated that the District Magistrate has called for the opinion of the Superintendent of Police. 4. On the other hand learned counsel appearing for the State would oppose the submission made by the learned counsel for the petitioner. 5. We have heard learned counsel for the parties and perused the documents. 6. On perusal of the pleadings and documents appended to the petition as also the documents placed before the Court during the course of hearing, it is evident that subsequently the petitioner moved a representation before the Jail Superintendent Durg for release of his son. The Jail Superintendent Durg by letter dated 30.06.2025 forwarded the matter to the District Magistrate Bemetara. Thereafter the District Magistrate Bemetara by memo dated 15.07.2025 requested the Senior Superintendent of Police to submit his opinion within a period of 7 days. 5 7. On bare perusal of the record, it is evident that by the Rules namely Chhattisgarh Prisons Rules 1968, there is a provision for premature release of prisoners sentenced to imprisonment for life under Rule 358. which reads as under:- "358.Premature release of prisoners sentenced to imprisonment for life.- (1) Constitution of State Sentence Review Board.-The premature release of prisoners sentenced to imprisonment for life shall be considered by the "State Sentence Review Board". The State Sentence Review Board shall have the following members:- (a) Additional Chief Secretary/Principal Secretary, Jail Department - Chairman (b) Principal Secretary, Law and Legislative Affairs Department-Member (c) Director General, Jail and Correctional Services- Member-Secretary (d) Director General of Police or any nominated Police Officer not below the rank of Inspector General of Police-Member 6 (e) Senior Law Officer/Chief Probation Officer, Jail Department-Member 8. Having considered the entire facts and situation of the case and the material available on record and looking to the fact that the petitioner who is an octogenarian and running from pillar to post for redressal of his grievance in respect of release of his son who is said to be detained in the Central Jail Durg since last 2 decades, in the interest of justice, the State Sentence Review Board is directed to consider the grievance of the petitioner which have been made for remission of his son, expeditiously preferably within 2 months from today, in accordance with law on its own merits. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the State Sentence Review Board may pass appropriate orders as per the extant rules. 10.With the aforesaid, the writ petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep