1 2025:CGHC:37469-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 434 of 2025 Vikki Nihal S/o Chotu Aged About 37 Years R/o Punjabi Colony, Arvind Nagar, Shiv Mandir, Byron Bazar, Raipur District- Raipur C.G., Presently Lodged In Jagdalpur Central Jail, Jagdalpur, District-Bastar C.G. Since In Jail Through His Brother Vijay Nihal, S/o Chotu Nihal, Presently Aged About 35 Years, R/o Punjabi Colony, Arvind Nagar, Shiv Mandir, Byron Bazar, Raipur District- Raipur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Additional Secretary, Home (Jail) Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur C.G. 2 - Director General (Prisons And Rehabilitation Services), Jail Department, Jail Headquarters, Sector19, Nava Raipur, Atal Nagar, Raipur C.G. 3 - Jail Superintendent, Jagdalpur Central Jail, Jagdalpur C.G. ... Respondent(s) For Petitioner(s) : Ms. Aditi Singhvi, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.08.01 15:25:16 +0530 2 Per Ramesh Sinha , Chief Justice 31.07.2025 1. Heard Ms. Aditi Singhvi, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondent/State. 2. The petitioner has filed this petition, praying for following relief:- “10.1. The Hon’ble Court may kindly be pleased to quash the order dated 08.05.2025 (Annexure P/1) passed by the respondent authorities and direct the Respondent State to prematurely release the petitioner, in accordance with law, in the interest of justice. 10.2. This Hon’ble Court may kindly be pleased to grant any other relief as it may deem fit in the interest of justice.” 3. It has been pointed out by learned counsel, appearing for the petitioner as well as learned counsel appearing for the respondents that in an identical matter, this Bench had disposed of WPCR No. 406 of 2025 (Jageshwar Sahu vs. State of Chhattisgarh & Others) vide order dated 21.07.2025, observing as follows : “5. Learned counsel for the respondents/ State could not dispute the said fact that the impugned letter/ order dated 22.04.2025 & 20.05.2025 have been passed/issued by the respondents authorities just on the basis of the bar/ban given in Rule 358(3)(g) (two) of C.G. Prisons Rule 1968 and not on merits and 3 further, the provision given in Rule 358 of C.G. Prisons Rule 1968 has been amended vide notification dated 23.04.2025 and at present, there is no bar/ban on pre- mature release of the prisoners convicte under section 302/149 of the IPC, and therefore, the petitioner is eligible to be considered for pre-mature release under section 473 of BNSS 2023 (432 of the Cr.P.C.). 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 prisoner 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. ” They further submit that since the facts and issue involved in the present case is identical to that of WPCR No. 406 of 2025, this petition may also be dismissed in the same terms. 4 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this petition is identical to WPCR No. 406 of 2025, this Court deems it appropriate not to take a view other than what has been taken in WPCR No. 406/2025. 5. Accordingly, the present petition is disposed of in terms of the order dated 21.07.2025 passed in WPCR No. 406/2025. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet