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2025 DAILYLAW 37160 (CHH)

NETRAM SAHU v. STATE OF CHHATTISGARH

WPCR/430/2025 · 2025-07-28

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:36739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 430 of 2025 Netram Sahu S/o Gayaram Aged About 56 Years R/o Village Newari, P.S. Suhela, District Raipur Chhattisgarh, Is In Central Jail Raipur, Pris- oner No. 9203/124. ... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department of Home (Jail) Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur C.G. 2 - Secretary, Department of Home Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur C.G. 3 - Deputy Director General (Prisons) Prison And Correctional Services Nawa Raipur, Atal Nagar, Raipur District Raipur C.G. 4 - Jail Superintendent of Police Raipur, Central Jail Raipur, District Raipur C.G. 5 - Collector, Raipur, District Raipur C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Aman Kesharwani, 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. Aman Kesharwani, learned counsel for the petitioners as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.29 17:48:23 +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 kindly be pleased to call for entire records from respondent no.1 for kind perusal of the Hon'ble High Court. 10.2 That, this Hon'ble Court may kindly be pleased to quash /set-aside impugned memo dated 22.04.2025 passed by respondent no.1, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ order or directions to respondents for granting the remission of the conviction period under the provisions of section 432 (2) of Cr. P. C. as per similar order Annexure P-7, in the interest of justice. 10.4 Any other relief may also be granted in favour of the petitioner as may deem fit by the Hon'ble Court as per facts and circumstances of the case.” 3 The present writ petition has been preferred by the petitioner against the order dated 22.04.2025 passed by the respondent authorities, 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 WPCR No.353 of 2025, whereby the Division Bench of this Court 3 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